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Turning the Tables: Taking the Offensive to Defend Bad Faith Lawsuits


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.



David M. Schoeggl

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]
Michael M. Brown

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]

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