Tag Archives: Reinsurance

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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“Pay No Attention To The Insurer Behind The Curtain!”

discovery of reinsurance treaty

Insurance Law360 just published a piece that I wrote explaining why reinsurance information should be discoverable in the context of insurance coverage disputes between insurance companies and their policyholders.  Here’s the opening paragraph:

Like that adage from political campaigns — if you repeat something often enough, it will be accepted as true — insurers in insurance coverage disputes with their policyholders assert time and time again that reinsurance documents are irrelevant to how their policy language should be interpreted and how the policyholders’ claims should be covered.

But reinsurance information is not irrelevant, of course.  In fact, it’s just the opposite in the context of coverage disputes.  Why, then, do insurance companies argue so vociferously that reinsurance is not discoverable?

Insurance companies fight to keep reinsurance documents from seeing the light of day in coverage disputes with their policyholders because reinsurance documents contain relevant, and likely unguarded, discussions of the appropriate insurance coverage for the claims, as illustrated by insurers’ and reinsurers’ publicly available briefs, pleadings and exhibits to court filings.

I give several reasons why reinsurance is discoverable and why it’s relevant.  For example, in one of the sections, I explain that “reinsurance documents are relevant because  they discuss the policyholder’s claims, how those claims fit within the disputed insurance policies, and notice of the claims.”  And what could be more relevant to a coverage dispute than that?

Now that I’ve whet your appetite on the subject, click on over to Insurance Law360 to see the article.  Or, check out the reprint here, hosted on Dickstein Shapiro LLP’s website.

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. 2009.
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New content coming!

New posts coming!Loyal readers, I know that I have not updated the site with new content for longer than I’d prefer.  Rest assured that I have been working on a number of pieces, all of which are close to being finished.  I’ll either make them available here or put links here so that you can get to the content.

But for those of you who are hungry for more content, here’s an overview of the pieces that are coming:

  1. Insurance coverage for an improperly named insured.  The article discusses an insurance company’s duty to defend a lawsuit brought against an insured wrongly named in or served with a complaint.
  2. Insurance coverage for data breaches.  The article discusses the various forms of insurance that should respond to allegations of a data breach.
  3. Discovery of reinsurance in the context of insurance coverage litigation.  Recent cases and other materials have demonstrated that reinsurance is relevant to insurance coverage disputes, and the piece provides both an overview of why and a discussion of new decisions and public information confirming the relevance.
  4. Insurance coverage for trespass to chattels claims.  Trespass to chattels is probably something you’d never think that you’d hear after the first year of law school ended.  But the theory has been used recently in the context of cyber security claims.  The piece discusses insurance coverage for such allegations.
  5. Insurance coverage for cloud computing risks.  Cloud computing is the next big thing, it seems.  Insurance for such risks will have an ever increasing importance as cloud computing becomes more prevalent, and this piece discusses potential sources for coverage for such risks.

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. 2009.
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