Category Archives: Bad Faith

Join me for American Conference Institute’s 23rd Annual Bad Faith Litigation conference

Are you looking for a conference discussing bad faith, extracontractual liability, and other ways of obtaining damages beyond policy limits for insurer misconduct?  Of course you are.  Then you’ll want to join me in Orlando, Florida from Wednesday, November 28 to Thursday, November 29, 2012 for American Conference Institute’s 23rd Annual Bad Faith Litigation conference.

Here are the details from ACI’s website:

23rd National Advanced Forum on

Bad Faith Litigation

The essential forum that shapes the future of bad faith litigation strategies for leading outside counsel, in-house counsel and claims professionals in the insurance industry

Wednesday, November 28 to Thursday, November 29, 2012
Hyatt Regency Grand Cypress, Orlando, FL

To accommodate the devastation of Hurricane Sandy we are extending the discount deadline until Friday, November 16th.


Drawn from the best that the bar, the bench, and the industry have to offer, ACI’s 23rd Annual Bad Faith Litigation conference is fully revised and updated to bring you the most effective tactics and expert insights from seasoned in-house counsel, top law firms and renowned jurists

Bad Faith disputes continue to generate a significant amount of costly litigation. With increased institutional bad faith claims, courts and hostile juries handing down huge verdicts, and many states moving towards statutory bad faith laws, both insurance companies and policyholders are fighting an uphill battle in bad faith claims. Attorneys and in-house professionals must be prepared to effectively defend against, and bring, bad faith claims, and ensure they have the best strategies for resolving coverage disputes, managing discovery, and gaining the upper hand in bad faith lawsuits.

American Conference Institute’s 23rd Annual Advanced Forum on Bad Faith Litigation has been fully updated to offer crucial developments and winning litigation strategies to even the most experienced bad faith litigators, and provide in-house counsel and claims professionals with strategic and proactive ways to reduce bad faith claims. Get effective tactics from both the insurers and the policyholders and ensure the best result for your client. This year’s conference will feature:

  • Insurers In-house roundtable: This specialized in-house panel will focus on
    1) best practices in claims investigation and litigation decisions;
    2) settling bad faith claims and working with outside counsel;
    3) dealing with the insured; and much more
  • Viewpoints from the Policyholders Bar: Adapt your strategies to the new wave of claims being asserted and hear what key actions (or inactions) could lead your client into litigation
  • Discussions with distinguished jurists: Get valuable insight on effective theories and evidentiary issues, from state and federal judges that have presided over bad faith suits
  • Narrowly tailored panel sessions: Our narrowly tailored, comprehensive panels will shed light on the most effective ways to recognize bad faith set-ups, properly investigate a claim, litigate questionable coverage, manage discovery, respond to punitive damage claims and much, much more

Plus, complete your 2-day experience by also signing up for the interactive pre and post-conference Hotbed Workshops:
A. Adjusting Catastrophe Claims: A Focus on Recent Developments in the Gulf States
B. Florida C. California & Washington D. New Jersey & Pennsylvania
(B, C and D are concurrent on November 29, 2012 | 2:00 p.m.–4:30 p.m.)

Register now by calling 888-224-2480 or faxing your registration form to 877-927-1563.You can also register online at AmericanConference.com/BadFaith.

My panel is titled:  “View from the Policyholders’ Bar: Tailoring Your Bad Faith Strategies to the Latest Wave of Claims Being Asserted by Your Adversaries.”  My co-panelists and I will be discussing bad faith from the view of attorneys who represent corporate policyholders and corporate insureds in insurance coverage and insurance bad faith lawsuits and litigation.  I will talk about my experience with bad faith claims against insurance companies.  It should be a great panel and a good way for you to pick up some CLE credits in Florida.

The panel’s topics include:

  • Current bad faith claims being brought by policyholders
    • Facts supporting bad faith awards
    • How recent decisions are treating bad faith claims
    • Current bad faith trends, including punitives
  • New legislation and the effect on bad faith claims
  • Impact of differing policy terms and state laws on the duty to defend vs. the duty to indemnify
  • The need for outside counsel early in the claims process
  • The policyholders’ bar view on insurance company investigations
  • Insurers’ obligation to “do no harm” to a policyholder’s defense of underlying litigation
    • The interplay between coverage disputes and insurers’ duties regarding their policyholders’ defense of underlying claims

Interested in attending?  Click here:
Register Now

If you contact me by November 15, 2012, I can put you in touch with an organizer who should be able to offer you a discounted rate.

Disclaimer:

This blog is for informational purposes only. This may be considered attorney advertising in some states. The opinions on this blog do not necessarily reflect those of the author’s law firm and/or the author’s past and/or present clients. By reading it, no attorney-client relationship is formed. If you want legal advice, please retain an attorney licensed in your jurisdiction. The opinions expressed here belong only the individual contributor(s). © All rights reserved. 2012.

Note:  as a speaker at the conference, I will not be charged a fee to attend the remainder of the conference.

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Join me for American Conference Institute’s 22nd National Advanced Forum on Bad Faith Litigation

Are you looking for a conference discussing bad faith, extracontractual liability, and other ways of obtaining damages beyond policy limits for insurer misconduct?  Of course you are.  Then you’ll want to join me in Orlando, Florida from November 30-December 1, 2011 for American Conference Institute’s 22nd National Advanced Forum on Bad Faith Litigation.

Here are the details from ACI’s website:

The essential forum that shapes the future of bad faith litigation strategies for leading outside counsel, in-house counsel and claims examiners in the insurance industry

Wednesday, November 30 to Thursday, December 01, 2011
Hyatt Regency Grand Cypress, Orlando, FL

Bad Faith Litigation returns for its 22nd installment led by a multi-disciplinary, cross-country faculty from both sides of the issue, including seasoned in-house counsel, top law fi rms and renowned jurists.

Bad Faith is continuously an area of the law that generates a significant amount of costly litigation, as the courts continue to hand down crippling verdicts. Now is the time to start preparing how to recognize the signs of a bad faith set-up and properly investigating the claims as they are presented. As the hot bed states spearhead their way toward statutory bad faith laws, litigators must be well equipped in how to defend against, and bring, a bad faith claim.

An annual tradition, American Conference Institute is proud to bring you its 22nd National Advanced Forum on Bad Faith Litigation. This conference has been fully revised and updated to account for new developments and designed to bring winning litigation strategies to even the most experienced bad faith litigators. Our expert faculty will provide effective tactics and insights from both the insurers and the policyholders. Featuring:

Insurers In-house roundtable: this specialized in-house panel will focus on 1) best practices in claims investigation and decisions; 2) settling bad faith claims before a suit is filed; 3) special issues in the life, health & disability arena; 4) dealing with your insured and much more

Viewpoints from the Policyholders Bar: with a session focused on the policyholders bar, as well as policyholder counsel point of view mixed into multiple sessions, don’t miss the chance to hear what key actions (or inactions) could lead your client into litigation.

Discussions with distinguished jurists: this session will provide attendees with highly sought after insight on effective theories and evidentiary issues, from those that have presided over bad faith suits.

Narrowly tailored panel sessions: our narrowly tailored, comprehensive panels will shed light on the most effective ways to manage discovery, recognize bad faith set-ups, properly investigate a claim, understand attorney-client privileges and work products protections, and establish successful pre-trial strategies.

This conference will provide you with the most up-to-date information and strategies on how to get the best result for your client. This is the event the industry relies on to get practical strategies for resolving coverage disputes, mitigating risk and gaining the upper hand in bad faith lawsuits.

Plus, add an extra benefit to your attendance by also registering for the Pre and Post state specific conference workshops: A. Current Events in Bad Faith: Gulf States

Post conference concurrent workshops on Bad Faith HotbedsB. FloridaC. California D. New Jersey

My panel is titled:  “Discovery: Limiting Its Scope, Responding Efficiently to Expansive Orders, Protecting Privilege, Preparing Company Witnesses for Depositions and More.”  Of course, I will not be talking about any of those things.  I will be talking about discovery from the policyholder’s and corporate insured’s perspective.  I’ll discuss how to get discovery from insurance companies, how to discover documents during a bad faith insurance coverage action, how to get an insurance company to produce documents, the role of privilege (if any) for the insurance companies when dealing with a bad faith claim, discovery of reinsurance documents, discovery of reserve documents, discovery of claims manuals, and more.

My co-panelists are:

Charles Ehrlich

SVP and Worldwide Special Counsel

RiverStone resources/TIG Insurance Company

Scott Godes

[formerly] Counsel

Dickstein Shapiro LLP

Gregory D. Miller

Director

Podvey, Meanor, Catenacci, Hildner, Cocoziello & Chattman, P.C.

Michael Newman

Partner

Barger & Wolen

Our topics include:

Depositions, Interrogatories and Other Production Issues

• Having a reason for discovery

• Making the cost-benefiit decision

• Budgeting up front

• Preparing the adjuster or company executive for their deposition

– Understanding the “fear factor”

– The special problems of video depositions

• Proprietary files – can the insured get these files to support a bad faith claim?

– Manuals and guidelines

– Other insureds, policies and claims.

– Reinsurance and reserve information.

• Interrogatories: Knowing what questions to ask

• Requests for admission – the neglected tool

• Dealing with expansive discovery orders and overly broad litigation holds

– Avoiding the knee jerk reaction

• Limiting the extent of pattern and practice discovery

Privilege

• Invoking privilege

• Consequences of when company “anticipated litigation”

• Counsel’s involvement in adjustment process.

• Relying on advice of counsel in defending against bad faith

E-Discovery

• Managing the explosion of ESI

• Understanding your obligations and the consequences of failing to preserve ESI

• Creating an internal process to successfully meet e-discovery obligations

• Methods to successfully limit production of ESI

• Learning the technical stuff

• Understanding the process of organization and being able to explain it

• Educating the court

Costs

• Minimizing discovery costs

– Planning, planning, planning; Non-waiver agreements;

“Eyes-only” agreements; Voluntary/private special master;

Avoiding discovery disputes


Interested in attending?  Click here:
Register Now

Disclaimer:

This blog is for informational purposes only. This may be considered attorney advertising in some states. The opinions on this blog do not necessarily reflect those of the author’s law firm and/or the author’s past and/or present clients. By reading it, no attorney-client relationship is formed. If you want legal advice, please retain an attorney licensed in your jurisdiction. The opinions expressed here belong only the individual contributor(s). © All rights reserved. 2011.

Note:  as a speaker at the conference, I will not be charged a fee to attend the remainder of the conference.

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Join me at the ACI Bad Faith Litigation Conference!

Tomorrow, I’ll be speaking at the ACI Bad Faith Litigation Conference in Orlando, Florida.  I will be giving the View from the Policyholder’s Bar on bad faith claims.  Here are additional details about the conference:

Tuesday, November 30 to Wednesday, December 01, 2010
Hyatt Regency Grand Cypress, Orlando, Florida, United States

Why do so many defense counsel, plaintiff attorneys and in-house insurance professionals attend this event every year?

Because this unique event combines a multi-disciplinary, cross-country faculty from both sides of the issue, making it the event the industry relies on to get practical strategies for resolving coverage disputes, mitigating risk, and gaining the upper-hand in bad faith lawsuits.

Bad faith litigation claims are on the rise and showing no signs of slowing down. With juries returning larger than ever verdicts, the stakes are high for plaintiffs and defendants alike. Never has there been a more important time for attorneys and in-house professionals to be able to skillfully maneuver through the bad faith litigation process.

At American Conference Institute’s 21st National Advanced Forum on Bad Faith Litigation, the best and the brightest in the bad faith industry will share their insights and winning strategies on critical issues. Featuring:

  • A judicial panel with jurists from around the country;
  • A keynote address from insurance commissioners in two “hotbed” states;
  • An in-house counsel and claims examiner panel; and
  • Insights from the policyholders’ bar

No other conference in the industry allows you to interact with the leaders in the industry while hearing the theories and defenses that can turn cases for or against you!

Litigators who specialize in bad faith should attend this conference to get practical strategies and exchange tactics with some of the most successful lawyers in the country who bring and defend these cases regularly. Panels will shed light on the most effective ways to utilize the pleading stages to glean an advantage, developing evidence with an eye towards structuring dispositive motions, implementing credible case themes and properly managing discovery, among others.

In-house counsel and claims professionals know that as fast as insurance companies are responding to allegations of bad faith and implementing procedures to protect themselves from further litigation, plaintiffs’ counsel are creating new strategies for bringing – and winning – bad faith claims. Insurance professionals need to be at this conference to gain insights on new plaintiffs’ approaches and defense arguments so they can think strategically and proactively work to reduce bad faith claims.

This conference will provide even the most seasoned professionals with confi dence and clarity on today’s paramount bad faith issues facing the insurance industry. Come prepared with your most important and pressing questions and concerns to get the most out of this interactive conference.

Plus, add value to your attendance by also registering for our pre- and post-conference workshops:

A. Current Events In Bad Faith: The Gulf States
November 29, 2010 | 2:00 p.m. – 5:00 p.m.

Post-Conference Concurrent Workshops on Bad Faith Hotbeds
December 1, 2010 | 2:30 p.m. – 5:30 p.m.

B. Florida C. California D. Pennsylvania

Want to join me there?  Then click here to register.

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Disclaimer:

This blog is for informational purposes only. This may be considered attorney advertising in some states. The opinions on this blog do not necessarily reflect those of the author’s law firm and/or the author’s past and/or present clients. By reading it, no attorney-client relationship is formed. If you want legal advice, please retain an attorney licensed in your jurisdiction. The opinions expressed here belong only the individual contributor(s). © All rights reserved. 2010.

Note:  as a speaker at the conference, I will not be charged a fee to attend the remainder of the conference.