Insurer Bad Faith and Inadequate Investigation: Examination Standards, Coverage and ROR, Safeguarding Privilege

This CLE course will offer guidance to counsel bringing or defending bad faith claims alleging the insurer's inadequate or inappropriate investigation of complex claims. The panel will review what makes an investigation inappropriate, special issues involving coverage denial or reservation of rights, privilege, and litigation strategies. Throughout the presentation, the panel will offer practice tips based on their extensive trial experience.

Bad faith assertions in insurance claim investigations raise complex issues for policyholders and insurers, including deciding what and when to investigate, when to renew or update an investigation, the implications of those decisions, and the impact of an investigation on coverage determination.

What seemed adequate and proper at the beginning of an investigation may change over time.

Thorny issues must be solved when the insurer denies coverage in whole or in part, proceeds under a reservation of rights, or involves counsel in the investigation process. Privilege and work product are increasingly being challenged.

Listen as our panel of authoritative leaders in this field examines opposing points of view on bad faith claims from the perspective of the policyholder and the insurer. The panel will discuss best practices and strategies for each side in litigation that includes allegations against the insurer in claim investigations.