Schedule/Sessions
Session 1 - How to Avoid Punitive Damages Awards
- Speakers:
Alan Freisleben, Freisleben Law Group
Jeanette Hernandez, Unemployed
Robert Olson, Greines Martin Stein & Richland LLP
Even though the United States Supreme Court has placed limits on the quantum of punitive damages available to aggrieved plaintiffs, an award of damages in an insurance case on top of policy benefits, plus other available monetary relief for damages elements such as emotional suffering, out of pocket losses, costs or attorney’s fees can still become a significant sum of money, not to mention harmful to one’s career.
Our panel of experienced claims professionals and outside counsel will attempt to provide some general guidance for the handling of claims in such a way as to minimize the risk of becoming embroiled in a claim in which punitive damages are an incentive for the policyholder or others to attempt to garner through litigation.
Session 2 - Discovery in Bad Faith Litigation: Is the Attorney-Client Privilege in Jeopardy
- Speakers:
Robert Laurie, Gfeller Laurie LLP
Kimberly Perkins, RRM, Inc., subsidiary of Ark Syndicate
Jasmina Richter, Sanders & Parks, P.C.
Maggie Weber, Nationwide Insurance Company
The attorney-client privilege is one of the oldest privileges recognized in the American legal system. It has the important purpose of encouraging full and truthful communications between attorney and client. Recently, however, plaintiffs in insurance bad faith cases have asserted that the attorney-client privilege does not always protect communications from disclosure when the plaintiff is seeking information concerning an insurance carrier’s handling of a claim. While there is no bad faith exception to attorney-client privilege, the issue of an implied waiver of the attorney-client privilege is of serious concern.
The panel will analyze the attorney-client privilege in the context of the tripartite relationship, the issue of implied waiver of the privilege in subsequent bad faith claims, and best practices for protecting the privilege in bad faith litigation. Among other issues, the panel will address the following key questions:
• What is the traditional scope of the attorney-client privilege and when and how has that scope changed?
• Has there been a trend toward the erosion of the attorney-client privilege in bad faith litigation?
• What tests do courts use to determine whether there has been an implied waiver of the privilege?
• How have courts applied the joint defense exception to the attorney-client privilege in bad faith claims?
• What steps can counsel for insurers take to avoid an implied waiver of the privilege in a bad faith claim?
The panel will also raise hypothetical scenarios to exemplify how best practices can strengthen defenses to arguments that the attorney-client privilege does not apply.
Session 3 - Bad Faith Experts
- Speakers:
Larry Beemer, Tokio Marine HCC
Christopher Carucci, Gallagher Bassett Services, Inc.
George Jackson, Bush & Ramirez, PLLC
Howard Wollitz, Charlston, Revich & Wollitz LLP
Harrison Yoss, Thompson, Coe, Cousins & Irons LLP
Experts can be essential to the defense of a bad faith suit. This program will focus on practical issues in the selection and use of experts. Questions presented will include: What is the bad faith climate in the jurisdiction and with the judiciary? How can negative attitudes of jurors regarding corporate scandals, hostility to insurers, belief that juries must "send a message" and reptile issues be overcome by proper preparation and use of experts? How do you choose the right expert in your jurisdiction? How to use your expert to clarify and not confuse the issues? How to use an expert to explain the duties of the insurer and claims handling standards so that a potentially hostile jury will understand and accept that testimony? How to overcome challenges so you don't lose your expert? How to challenge the other side’s expert to have them struck?
Back to topSession 4 - Adjuster Training - Teaching “Good Faith” to prevent “Bad Faith,” Including Practice
- Speakers:
Caryn Bellus, Kubicki Draper
Jeanette Bourey, Markel Service, Incorporated
John Reitwiesner, Core Specialty Insurance
Michelle Valencic, Self Employed
Attorneys and industry professionals will present a panel discussion regarding claims handling and avoiding extra-contractual claims. This presentation will include key concepts for avoiding bad faith claims and set ups during the claim handling stage.
Back to topSession 5 - Are Settlement Discussions Soundproof? The Confidentiality And Admissibility Of Settlement Negotiations And Offers In Extra-contractual Disputes
- Speakers:
Rachel Ehrlich, Judicate-West
Martha Keane, AIG
Maria Quintero, Hinshaw & Culbertson LLP
Marjorie Sussman, Allied World Assurance Company, Ltd.
Ralph Woodard, Navigators, A Brand of The Hartford
The confidentiality of settlement communications is a hallmark principle of the dispute resolution process. But what is confidential one day may be discoverable the next when a policyholder claims bad faith. This panel will explore the discovery and admissibility of mediation communications and discuss the prohibited and permitted use of settlement discussions and offers as evidence of bad faith or of good faith in extra-contractual disputes.
No Learning Objectives Available