What’s New in Bad Faith Litigation? An Update on the Latest Trends Being Seen in Unreasonable Delay and Wrongful Denial Bad Faith Claims; Defining the Duty and Remedies; and Strategies for Developing the Bad Faith Case or Defense

January 22, 2016 4:20pm

Robert K. Scott
Partner
Newmeyer & Dillion LLP

Kristina B. Pett

Pett Furman, PL

  • An overview of the latest trends being seen in unreasonable delay and wrongful denial bad faith disability claims
  • What are the latest court decisions saying about how to define the duty of good faith and fair dealing in the context of a disability claim?
  • Under what circumstances have the courts been finding:
    • Use of an improper standard in denying a claim
    • Unreasonable conduct in litigation
    • Bad faith in consulting and retaining experts
    • Deliberate misinterpretation of records or policy language to avoid coverage
    • Arbitrary or unreasonable demands for proof of loss
    • Failure to thoroughly investigate a claim
    • Failure to maintain adequate investigative procedures
    • Institutional bad faith
  • Has direct evaluation of claimants been being de-emphasized in favor of consults? What are the bad faith implications of this?
  • The latest on the types of remedies that may be sought in a bad faith claim from state to state
  • Plaintiff strategies for developing the bad faith case; and defense strategies for defeating the bad faith case
  • Putting on the bad faith trial