Insurance Bad Faith Pre-Trial Strategies: Demand Letters, Pleadings, Defenses, Damages, Bifurcation, and Experts
Developing Winning Pre-Trial Tactics for Policyholders and Insurers
Recording of a 90-minute CLE video webinar with Q&A
This CLE course will outline pre-trial strategies for both insurers and policyholders litigating bad faith claims. The program will focus on demand letters to insurers, drafting and answering bad faith complaints, proving and opposing damages, bifurcation, and using expert witnesses.
Outline
- Policyholder strategies
- Bad faith demand letters
- Bad faith pleading requirements
- Proving insurer breach of duties
- Calculating damages
- Using experts in bad faith cases
- Insurer strategies
- Responding to demand letters
- Bad faith defenses
- Change of venue and removal if jurisdiction unfavorable to insurance carriers
- Bifurcating coverage and bad faith issues
- Challenges to claims professional testimony
Benefits
The panel will review these and other key issues:
- What facts regarding the insurer's actions should policyholders include in the complaint to survive a motion to dismiss?
- What industry experts are best suited for bad faith claims, and what are common challenges or objections to their testimony?
- What factors should insurers consider in deciding whether to move to bifurcate the coverage trial from the bad faith trial?
Faculty
Thomas Dupont
Attorney
Anderson Kill
Mr. Dupont is an attorney in Anderson Kill's New York office and a member of the firm's Insurance... | Read More
Mr. Dupont is an attorney in Anderson Kill's New York office and a member of the firm's Insurance Recovery Group. He has represented clients seeking recovery primarily under general liability, professional liability, and property insurance policies.
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Marshall Gilinsky
Shareholder
Anderson Kill
Mr. Gilinsky is an experienced commercial litigator who applies his complex analysis skills with extensive... | Read More
Mr. Gilinsky is an experienced commercial litigator who applies his complex analysis skills with extensive experience in insurance coverage analysis and litigation and dispute resolution. He is co-chair of his firm’s Sexual Harassment and Abuse Insurance Recovery Group.
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Kevin V. Small
Counsel
Hunton Andrews Kurth
Mr. Small is a commercial litigator focusing on insurance coverage disputes and counseling on behalf of... | Read More
Mr. Small is a commercial litigator focusing on insurance coverage disputes and counseling on behalf of policyholders. His educational background and prior experience as an insurance broker and advisor provide him with a deep understanding of the insurance industry, enhancing his ability to represent policyholders across a broad spectrum of policies. Mr. Small regularly represents clients in connection with claims under policies providing coverage for commercial property, cyber, builders’ risk, D&O, E&O, general liability, and representations and warranties. He also represents clients in professional liability matters, such as insurance broker malpractice. Mr. Small frequently provides thought leadership on insurance issues. He writes extensively on insurance coverage, presents to industry professionals, and has been quoted in prominent publications. Mr. Small is also a contributor to the Firm’s Insurance Recovery Blog.
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