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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 by taking the offensive.

As bad faith law develops favorably to insureds across the county, bad faith claims are more and more becoming 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? Review the pro's and con's of an aggressive defense to a bad faith claim, and explores some of the affirmative steps insurers and their counsel can take to more effectively defend against bad faith claims. Learn tactics useful in pleading and motion practice, discovery, and in 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.

Runtime: 92 minutes
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Why Lorman?

Over 34 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

Overview

  • 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 34 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

Applications have not yet been submitted for Delaware, Idaho, Kentucky, Ohio, Oklahoma, South Carolina, and Wyoming CLE for this course. However, if you are interested in obtaining CLE for any of the listed states or have any additional credit questions please email us at [email protected] or call us at 866-352-9540.

This course was last revised on February 22, 2019.

Call 1-866-352-9540 for further credit information.

  • CA MCLE 1.5
     
  • Lorman Business Center, LLC. is a State Bar of California approved MCLE sponsor and this course qualifies for 1.5 CLE hours of participatory credit.
     
  • NM CLE 1.5
     
  • This program has been approved by the New Mexico Minimum Continuing Legal Education Board for 1.5 hours of credit.
     
  • OR CLE 1.5
     
  • Approved for 1.5 CLE credits in Oregon.
     
  • WA CLE 1.5
     
  • This program has been approved by the Washington State Board of Continuing Legal Education for 1.5 hours of A/V credit under the Law & Legal Procedure category.
     

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 34 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

David M. Schoeggl

David M. Schoeggl

Lane Powell PC

  • Shareholder and Insurance Practice Team chair at Lane Powell PC
  • Adjunct professor of Insurance Law at Seattle University School of Law
  • 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; in addition, he mediates insurance and aviation disputes, and acts as an expert witness on insurance and insurance claim handling issues
  • Handled numerous coverage and bad faith cases, as trial and appellate counsel or amicus curiae counsel, in matters involving pollution, asbestos, product liability, professional liability, and first party insurance
  • Regularly conducts and speaks at seminars and workshops on a regional and national level
  • Been listed to The Best Lawyers in America® the past five years, 2014-2019, for his work in insurance law; he has also been named a “Washington Super Lawyer” in Insurance Coverage, 2003-2006, and Civil Litigation, 2016-2018
  • Member of bar associations at the local, state and federal level; he is also a member of the Aviation Insurance Association, Defense Research Institute, International Association of Defense Counsel, Northwest Insurance Claims Association and Northwest Aviation Insurance Association; he also serves on the board of Sound Experience
  • J.D. degree, with honors, the University of Washington School of Law; B.A., with honors, the University of Washington
  • Can be contacted at [email protected], 206-223-7383 or www.lanepowell.com/Our-People/David-M-Schoeggl
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Why Lorman?

Over 34 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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Product ID: 404907
Published 2019
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