Available for on-site presentation only at this time.
This program will be presented by a panel of experienced attorneys from the perspectives of both insurer and insured and will be moderated by a highly esteemed attorney. Attorneys, insurance company professionals and judges will be stimulated and challenged by the informative presentation regarding the evolving body of bad faith law in California.
Some topics to be discussed at the program include:
- Overview Of Insurance Bad Faith And Elements Of Bad Faith
- Secrets And Strategies For Winning
- Litigation Strategies For The Defense
- Discovery In Bad Faith Cases
- The 'Genuine Issue' Doctrine
- Use Of Expert Witnesses In Bad Faith Cases
- Trial Strategies For The Defense
- Punitive Damages
- Settlement And Mediation
The written materials will provide a foundation and comprehensive understanding of the topics to be discussed at the program.
9:00 a.m. - 9:10 a.m.
I. Seminar Overview
An overview of the seminar, including a short discussion of recent developments in insurance bad faith litigation and topics to be covered.
9:10 a.m. - 9:50 a.m.
II. Bad Faith: An Overview And Recent
Foundational issues regarding insurance bad faith, including an explanation of the three-prong test for bad faith will be discussed. An analysis of the Plaintiff's perspective on pleading and proving bad faith cases, including punitive damages, preparation of the complaint, choosing the correct parties, jurisdiction, forum and choice of law issues. Includes an analysis of recent developments in bad faith law and hot topics.
9:50 a.m. - 10:30 a.m.
III. Secrets And Strategies For Winning Bad
Topics will include trial of bad faith cases, obtaining significant punitive damages awards, settlement and mediation strategies and jury interaction.
10:30 a.m. - 10:40 a.m.
10:40 a.m. - 11:20 a.m.
IV. Litigation Strategies For The Defense
An overview of the defense strategies for litigation of bad faith cases, including preparing answers, demurrers, motions to strike, discovery, motions for summary judgment, settlement and mediation, trial and post-trial remedies.
11:20 a.m. - 12:00 p.m.
V. How To Win Bad Faith Cases Through
Many insurance bad faith cases are won or lost during discovery. Learn how to successfully prosecute and defend insurance bad faith cases through an aggressive and structured discovery program. Topics will include preparing and following a discovery plan, written discovery and document demands, depositions, discovery of other insured's claims files, factual investigation outside the formal discovery process, law and motion and discovery of insurers' net worth and parent and subsidiary relationships.
12:00 p.m. - 1:30 p.m.
1:30 p.m. - 2:10 p.m.
VI. The 'Genuine Issue' Doctrine: A Powerful
And Summary Way Of Defeating Bad Faith
Insurers have attempted to defeat bad faith claims at trial and at summary judgment by showing there was a good faith dispute, a genuine issue, as to the legal position the carrier took on coverage. This genuine dispute issue has lately been enlarged to include genuine disputes over the factual bases of a claim as well. Further, decisions give support to carriers who rely on the advice and opinions of independent experts. Our discussion will include recent cases in this area, how the issues are raised, and how insureds can attempt to overcome a carrier's reliance on a genuine dispute.
2:10 p.m. - 2:50 p.m.
VII. Use Of Expert Witnesses
The proper use of expert witnesses in insurance bad faith cases will be discussed. Other topics to be discussed include selection of experts, preparation of experts for deposition and trial, expert reports, cross-examination of expert witnesses, use of forensic accounting experts for the punitive damages phase and trial testimony by experts.
2:50 p.m. - 3:30 p.m.
VIII. Trial Strategies For The Defense
Secrets for trying and winning bad faith cases on the defense will be shared. Topics will include jury selection, opening statement, direct and cross-examination of witnesses, use of experts, closing argument, punitive damages, powerful trial themes and other secrets and strategies.
3:30 p.m. - 3:40 p.m.
3:40 p.m. - 4:20 p.m.
IX. Punitive Damages In Insurance Bad Faith
The preparation and trial of punitive damage cases will be discussed. Topics will include jury selection and overcoming juror biases against punitive damage cases. The program will also discuss effective punitive damage closing arguments with a discussion of approaches to reversing or reducing punitive damage verdicts under Campbell vs. State Farm.
4:20 p.m. - 5:00 p.m.
X. Effective Mediation Techniques – An