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

September 15, 2016 5:25pm

Robert K. Scott
Partner
Newmeyer & Dillion LLP

  • 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