Learn various ways insurance companies can position themselves for favorable outcomes in bad faith lawsuits.
As bad faith law develops favorably to insureds across the county, bad faith claims are becoming more and more a part of significant coverage disputes. When defending an insurer against a bad faith claim, is it possible or advisable to go on the offensive? This course reviews the pros and cons of an aggressive defense to a bad faith claim and explores some of the affirmative steps insurers and their counsel can take to effectively defend against bad faith claims. The material will discuss tactics useful in pleading and motion practice, discovery, and trial, including when such tactics work and how they can backfire. Evaluating a 'turning the tables' approach is an important part of any insurance bad faith defense strategy, and practitioners in the area should be aware of the available tactics when developing a strategy.
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Why Lorman?
Over 37 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.
Agenda
Introduction
- Bad Faith Claims Are Common and Dangerous
- Insurers Want an Aggressive Defense, but What Does That Look Like When the Bad Faith Claim Is Based on the Insurer's Aggressive Defense?
Turning the Tables in Pleadings and Motions
- Refocus on Coverage Issues
- Motions to Dismiss
- Reverse Bad Faith
Turning the Tables in Discovery
- Using Fact Discovery Offensively
- Deposing Plaintiff's Expert
- Selecting and Defending Your Expert
Turning the Tables at Trial
- Effect of Juror Biases and Striking the Right Balance
- Strategy in a Mixed Coverage and Bad Faith Case
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Why Lorman?
Over 37 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.
Credits
OnDemand Course
This course was last revised on May 11, 2022.
Call 1-866-352-9540 for further credit information.
- AK CLE 1.0
- Alaska attorneys may receive 1.0 hours of continuing legal education for completing this program. Please contact the Alaska Bar Association or go to www.alaskabar.org for details regarding reciprocity with other states.
- AL CLE 1.1
- This course or a portion thereof has been approved by the Alabama State Mandatory Continuing Legal Education Commission for a maximum of 1.1 hours credit.
- AR CLE 1.0
- This course has been approved for 1.0 hours of CLE by the Arkansas CLE Board.
- CA MCLE 1.0
- Lorman Education Services is a State Bar of California approved MCLE sponsor and this course qualifies for 1.0 CLE hours of participatory credit.
- CT CLE 1.0
- Neither the Connecticut Judicial Branch nor the Commission on Minimum Continuing Legal Education approve or accredit CLE providers or activities. This course has been approved for CLE credit in jurisdictions aside from CT and therefore it automatically meets the content and delivery requirements in Connecticut. Credit is based on a 60 minute credit hour and shall be awarded as follows: 1.0 CLE credit(s).
- GA CLE 1.0
- This program has been approved by the Georgia Commission on Continuing Lawyer Competency for 1.0 CLE hours.
- MO CLE 1.3
- This course qualifies for self-study CLE credit in Missouri.
- ND CLE 1.0
- North Dakota CLE policy does not allow for pre-approval of any self-study courses. This course may qualify for up to 1.0 hours of CLE credit.
- NH MCLE 1.1
- NH MCLE does not approve or accredit CLE activities for the NH Minimum CLE requirement. Lorman Education Services believes this Ondemand course meets the requirement of NH Supreme Court Rule 53 and may qualify for CLE credit(s). Program Length: 64 Minutes.
- NM CLE 1.0
- This program has been approved by the New Mexico Minimum Continuing Legal Education Board for 1.0 hours of credit.
- NV CLE 1.0
- This program has been approved by the Nevada Board of Continuing Legal Education for 1.0 CLE hours.
- OR CLE 1.0
- Approved for 1.0 CLE credits in Oregon.
- RI CLE 1.0
- This program has been approved by the Rhode Island Mandatory Continuing Legal Education Commission for 1.0 hours of CLE credit.
- VT CLE 1.0
- This self-study program has been approved by the Mandatory Continuing Legal Education Board of Vermont for 1.0 hour(s) of CLE credit. Please note: Attorneys may only claim 12 credits per compliance period in this format. This course is considered "Non-Moderated Programming without Interactivity".
- WA CLE 1.0
- This program has been approved by the Washington State Board of Continuing Legal Education for 1.0 hours of A/V credit under the Law & Legal Procedure category.
- NALA 1.07
- This program is applicable for continuing legal assistant education credit. Please check with your accrediting board to see if this course will qualify towards your recertification requirements.
Program Length: 1.07 hour(s).
To earn each credit Lorman offers through the OnDemand learning platform, you need to watch 100% of the program. Also, for certain credits you will need to fulfill additional requirements which will be displayed on the "credits" tab when viewing the course.
This program does NOT qualify, nor meet the National Standard for NASBA accreditation.
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Why Lorman?
Over 37 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.
Faculty
Michael M. Brown
Lane Powell PC
- Associate at Lane Powell PC
- Skilled trial lawyer with substantial experience resolving complex insurance disputes
- Advises national and international insurers and litigates cases involving every type of insurance policy, from commercial liability to first-party property, to ERISA-governed plans
- Can be contacted at 206-223-7087 or [email protected]
David M. Schoeggl
Lane Powell PC
- Shareholder at Lane Powell PC and Chair of the Insurance Team
- Focuses his practice on complex high-stakes trials and arbitrations for clients, including national and international insurers, the aviation industry, product manufacturers, and local businesses facing difficult or unusual claims
- Can be contacted at 206-223-7383 or [email protected]
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Why Lorman?
Over 37 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.
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