The document discusses issues related to bad faith claims in insurance coverage. It covers identifying bad faith torts and damages, negotiation and settlement techniques, current legislation impacting insurance defense, litigating insurance claims, and avoiding bad faith claims. The topics are presented in sections with questions and answers to follow each section.
This CLE presentation from Kegler Brown's 12th Annual Seminar on Professional Responsibility covers duties to report and cooperate, confidentiality, professionalism, advertising guidelines and more for attorneys admitted to the bar in Ohio. The speakers were Geoffrey Stern, Christopher Weber, Rasheeda Khan and Carol Costa.
Home Inspector's Insurance & Risk Management - July 19, 2013Gerald Brunker
Home Inspector professional liability, general liability and other applicable insurances for home inspectors. Risk management tips and hints and home inspector claim information.
The 16th Annual Seminar on Professional Responsibility was presented on October 11, 2013, and offered 2.75 CLE credits to attendees. The seminar covered topics regarding ethics and professionalism, including: duties to prospective clients; tips to avoid ethical and malpractice traps; blogging in the digital age; and substance abuse.
On Wednesday, April 4, 2018, Jason Beehler, and Jon Coughlan of Kegler Brown's Professional Responsibility practice area presented alongside panelists Alvin Mathews, Partner, James E. Arnold & Associates, LPA and Don Scheetz, Assistant Disciplinary Counsel, Office of Disciplinary Counsel for the Supreme Court of Ohio at Capital Law School for their Professionalism Week.
WPC Personal Injury Lawyer
127 Westmore Dr Unit 114, Room E,
Etobicoke, ON M9V 3Y6
(800) 299-0336
http://www.wpclaw.ca/Etobicoke.html
Our Etobicoke personal injury lawyers have a proven track record and have recovered substantial amounts of compensation for victims of Motor Vehicle Accidents, Pedestrian Accidents, Motorcycle Accidents, Public Transportation Accidents, Slip and Fall Accidents, Product Liability, Dog Bites, and Long Term Disability Claims. Etobicoke personal injury lawyers regularly win cases involving Traumatic Brain Injuries, Spinal Cord Injuries, Orthopaedic Injuries and injuries resulting in Psychological trauma as well as Chronic Pain.
This CLE presentation from Kegler Brown's 12th Annual Seminar on Professional Responsibility covers duties to report and cooperate, confidentiality, professionalism, advertising guidelines and more for attorneys admitted to the bar in Ohio. The speakers were Geoffrey Stern, Christopher Weber, Rasheeda Khan and Carol Costa.
Home Inspector's Insurance & Risk Management - July 19, 2013Gerald Brunker
Home Inspector professional liability, general liability and other applicable insurances for home inspectors. Risk management tips and hints and home inspector claim information.
The 16th Annual Seminar on Professional Responsibility was presented on October 11, 2013, and offered 2.75 CLE credits to attendees. The seminar covered topics regarding ethics and professionalism, including: duties to prospective clients; tips to avoid ethical and malpractice traps; blogging in the digital age; and substance abuse.
On Wednesday, April 4, 2018, Jason Beehler, and Jon Coughlan of Kegler Brown's Professional Responsibility practice area presented alongside panelists Alvin Mathews, Partner, James E. Arnold & Associates, LPA and Don Scheetz, Assistant Disciplinary Counsel, Office of Disciplinary Counsel for the Supreme Court of Ohio at Capital Law School for their Professionalism Week.
WPC Personal Injury Lawyer
127 Westmore Dr Unit 114, Room E,
Etobicoke, ON M9V 3Y6
(800) 299-0336
http://www.wpclaw.ca/Etobicoke.html
Our Etobicoke personal injury lawyers have a proven track record and have recovered substantial amounts of compensation for victims of Motor Vehicle Accidents, Pedestrian Accidents, Motorcycle Accidents, Public Transportation Accidents, Slip and Fall Accidents, Product Liability, Dog Bites, and Long Term Disability Claims. Etobicoke personal injury lawyers regularly win cases involving Traumatic Brain Injuries, Spinal Cord Injuries, Orthopaedic Injuries and injuries resulting in Psychological trauma as well as Chronic Pain.
KPC Personal Injury Lawyer
18 Robb Blvd #7,
Orangeville, Ontario L9W 3L2
(800) 292-1223
http://www.kpcinjurylaw.ca/Orangeville.html
If you are looking for a team of dedicated personal injury professionals that can help you get the compensation you deserve, our team has a proven track record of getting results. KPC Law has helped thousands of accident victims get on their feet after a life-changing event. Don’t hesitate to contact us.
ABLF Personal Injury Lawyer - Whitby
1621 McEwen Dr #FL1-3,
Whitby, ON L1N 9A5
(800) 920-8165
https://ablflaw.ca/whitby-personal-injury-lawyer.html
For many years, ABLF Personal Injury Lawyers in the Whitby community have been making a difference in the lives of injury victims. Your local Whitby personal injury lawyers have dedicated their practice to helping the victims of personal injury and their families obtain much needed relief.
Drucker Law Offices
12161 Ken Adams Way #110-C2,
Wellington, FL 33414
(561) 812-5693
http://www.floridalawteam.com/wellington/
At Drucker Law Offices, the firm is absolutely devoted to the service that is given to its personal injury clients. Gary J. Drucker and the Drucker law firm will guide you through your case, from beginning to end with a focus on personal attention. You do not have to face a large corporation or insurance company alone. Gary J. Drucker and Drucker Law Offices will be there for you every step of the way, advising you through each stage and protecting your rights throughout.
Christopher H. Dolan, Faegre Baker Daniels, Understanding Attorney Client Pri...Kevin Perry
Christopher H. Dolan, Faegre Baker Daniels, Understanding Attorney Client Privilege, Confidential Business Information and the Work Product Doctrine, Midwest Environmental Compliance Conference, Chicago, October 29-30, 2015
Kegler Brown presented its 17th Annual Professional Responsibility Seminar on October 17, 2014. This well-regarded, half-day seminar focused on providing Ohio's lawyers and judges with timely information regarding ethics and professionalism offered 2.75 CLE hours to attendees.
This year's topics included lawyers and criminal conduct, ethical concerns for in-house counsel, confidentiality and professional considerations for lawyers using social media.
This presentation discusses the December 2010 changes to the federal rules of civil procedure regarding expert privilege and the differences between a consulting and testifying expert.
Everything you ever wanted to know about trustees: What does it mean to be a trustee? What are your responsibilities and liabilities? What makes a good trustee?
For more information, please visit us at www.givnerkaye.com
Single Asset Real Estate Cases (Series: Ethical Issues in Real Estate-Based B...Financial Poise
Anyone involved in the field of creditors rights on a matter involving an LLC that exists solely to hold the principal asset has surely seen the play where, the night before property is scheduled to be sold at a foreclosure auction, the debtor files bankruptcy. For those not familiar with the process, doing so invokes the “Automatic Stay”, which prohibits the secured lender from foreclosing on the property. The debtor then attempts to make their case to the court for reorganization. But is failing to pay your mortgage really something bankruptcy was meant to solve? If the bank was going to agree to a loan modification, wouldn’t the parities have worked something out by the time the sheriff sale was set? The bankruptcy code recognizes this and therefore has a section devoted to dealing with this specific kind of bankruptcy—the Single Asset Real Estate (“SARE”) case. The goal of this episode is to look into ethical issues surrounding these matters.
To listen to this webinar on-demand, go to: https://www.financialpoise.com/financial-poise-webinars/single-asset-real-estate-cases-2020/
Common ethical issues in settlement negotiations and mediationsEdward K. Le
Lawyers who enter settlement negotiations face minefields of ethical issues. Yet, it is an inevitable part of our practice. Here is my recent seminar presentation for the Washington State Bar dealing with the top 10 ethical issues that most lawyers run into during mediation and settlement negotiations.
Article advising immigrants on their due process rights if detained by Immigration and some practical considerations to keep in mind if stopped by ICE (Immigration and Customs Enforcement)
Valuing Real Estate Assets (Series: Ethical Issues in Real Estate-Based Bankr...Financial Poise
As the expression goes, the value of real estate is in the eye of the beholder. Ultimately, the value is whatever the market is willing to pay. While income producing properties, particularly with credit worthy tenants, may be fairly routine to value based on current rate of return demands in the market, non-income producing properties may be more speculative. For example, even the most seasoned appraiser may struggle with finding comparative sales for a property. A landowner might see their property value go up exponentially “if only” the city council will allow for a zoning variance. Many an owner believes their property is in the “path of progress”, but when? Is it reasonable to value a property “as stabilized” if it is only forty percent leased? These are the types of questions we will consider.
To listen to this webinar on-demand, go to: https://www.financialpoise.com/financial-poise-webinars/valuing-real-estate-assets-2020/
BLF Law - Cobourg
203 Durham St
2nd Floor, Unit 3
Cobourg, ON K9A 3H7
(800) 941-0846
https://blflaw.ca/cobourg-personal-injury-lawyer.html
Fighting for the rights of injury victims at every level of court in the province of Ontario and recovering substantial amounts of compensation for victims and their families has earned us the respect of colleagues in the profession and members of the local community. Having trial experience gives your local Cobourg personal injury lawyers an edge over the competition. We have a reputation and a proven track record of winning even the most complex cases and have consulted other legal representatives on their most challenging matters.
KPC Personal Injury Lawyer
18 Robb Blvd #7,
Orangeville, Ontario L9W 3L2
(800) 292-1223
http://www.kpcinjurylaw.ca/Orangeville.html
If you are looking for a team of dedicated personal injury professionals that can help you get the compensation you deserve, our team has a proven track record of getting results. KPC Law has helped thousands of accident victims get on their feet after a life-changing event. Don’t hesitate to contact us.
ABLF Personal Injury Lawyer - Whitby
1621 McEwen Dr #FL1-3,
Whitby, ON L1N 9A5
(800) 920-8165
https://ablflaw.ca/whitby-personal-injury-lawyer.html
For many years, ABLF Personal Injury Lawyers in the Whitby community have been making a difference in the lives of injury victims. Your local Whitby personal injury lawyers have dedicated their practice to helping the victims of personal injury and their families obtain much needed relief.
Drucker Law Offices
12161 Ken Adams Way #110-C2,
Wellington, FL 33414
(561) 812-5693
http://www.floridalawteam.com/wellington/
At Drucker Law Offices, the firm is absolutely devoted to the service that is given to its personal injury clients. Gary J. Drucker and the Drucker law firm will guide you through your case, from beginning to end with a focus on personal attention. You do not have to face a large corporation or insurance company alone. Gary J. Drucker and Drucker Law Offices will be there for you every step of the way, advising you through each stage and protecting your rights throughout.
Christopher H. Dolan, Faegre Baker Daniels, Understanding Attorney Client Pri...Kevin Perry
Christopher H. Dolan, Faegre Baker Daniels, Understanding Attorney Client Privilege, Confidential Business Information and the Work Product Doctrine, Midwest Environmental Compliance Conference, Chicago, October 29-30, 2015
Kegler Brown presented its 17th Annual Professional Responsibility Seminar on October 17, 2014. This well-regarded, half-day seminar focused on providing Ohio's lawyers and judges with timely information regarding ethics and professionalism offered 2.75 CLE hours to attendees.
This year's topics included lawyers and criminal conduct, ethical concerns for in-house counsel, confidentiality and professional considerations for lawyers using social media.
This presentation discusses the December 2010 changes to the federal rules of civil procedure regarding expert privilege and the differences between a consulting and testifying expert.
Everything you ever wanted to know about trustees: What does it mean to be a trustee? What are your responsibilities and liabilities? What makes a good trustee?
For more information, please visit us at www.givnerkaye.com
Single Asset Real Estate Cases (Series: Ethical Issues in Real Estate-Based B...Financial Poise
Anyone involved in the field of creditors rights on a matter involving an LLC that exists solely to hold the principal asset has surely seen the play where, the night before property is scheduled to be sold at a foreclosure auction, the debtor files bankruptcy. For those not familiar with the process, doing so invokes the “Automatic Stay”, which prohibits the secured lender from foreclosing on the property. The debtor then attempts to make their case to the court for reorganization. But is failing to pay your mortgage really something bankruptcy was meant to solve? If the bank was going to agree to a loan modification, wouldn’t the parities have worked something out by the time the sheriff sale was set? The bankruptcy code recognizes this and therefore has a section devoted to dealing with this specific kind of bankruptcy—the Single Asset Real Estate (“SARE”) case. The goal of this episode is to look into ethical issues surrounding these matters.
To listen to this webinar on-demand, go to: https://www.financialpoise.com/financial-poise-webinars/single-asset-real-estate-cases-2020/
Common ethical issues in settlement negotiations and mediationsEdward K. Le
Lawyers who enter settlement negotiations face minefields of ethical issues. Yet, it is an inevitable part of our practice. Here is my recent seminar presentation for the Washington State Bar dealing with the top 10 ethical issues that most lawyers run into during mediation and settlement negotiations.
Article advising immigrants on their due process rights if detained by Immigration and some practical considerations to keep in mind if stopped by ICE (Immigration and Customs Enforcement)
Valuing Real Estate Assets (Series: Ethical Issues in Real Estate-Based Bankr...Financial Poise
As the expression goes, the value of real estate is in the eye of the beholder. Ultimately, the value is whatever the market is willing to pay. While income producing properties, particularly with credit worthy tenants, may be fairly routine to value based on current rate of return demands in the market, non-income producing properties may be more speculative. For example, even the most seasoned appraiser may struggle with finding comparative sales for a property. A landowner might see their property value go up exponentially “if only” the city council will allow for a zoning variance. Many an owner believes their property is in the “path of progress”, but when? Is it reasonable to value a property “as stabilized” if it is only forty percent leased? These are the types of questions we will consider.
To listen to this webinar on-demand, go to: https://www.financialpoise.com/financial-poise-webinars/valuing-real-estate-assets-2020/
BLF Law - Cobourg
203 Durham St
2nd Floor, Unit 3
Cobourg, ON K9A 3H7
(800) 941-0846
https://blflaw.ca/cobourg-personal-injury-lawyer.html
Fighting for the rights of injury victims at every level of court in the province of Ontario and recovering substantial amounts of compensation for victims and their families has earned us the respect of colleagues in the profession and members of the local community. Having trial experience gives your local Cobourg personal injury lawyers an edge over the competition. We have a reputation and a proven track record of winning even the most complex cases and have consulted other legal representatives on their most challenging matters.
Presentation regarding the duty to defend under an insurance policy in Texas. Presented at Lorman Education Services seminar - Update on Insurance Issues in Texas (April 2008)
It is likely that most of your commercial accounts have some form of benefit program for their employees and that you are used to adding Employee Benefit Liability Insurance routinely to the General Liability coverage. What about this coverage called Fiduciary Liability? Do you know the differences between the two and when your insured needs one or the other or both? Come to class and find out.
Marjorie Segale, Director of Education for the Insurance Community. Marjorie brings several decades of insurance experience, from producer, agency owner, educator and consultant.
Paper regarding the duty to defend under an insurance policy, presented in April 2008 at Lorman Education Services seminar, Update on Insurance Issues in Texas
Legal Concepts Of Liability Insurance 2010Annette Ardler
THis course addresses liability insurance and the legal concepts associated with it. During the course, students will gain an understanding of the following concepts: Four Types of Exposures: Test for Negligence; Defense and Conditions for Negligence; Duty to Defend; Claims Settlement and Payments by Policy Structure
ATPI Doctoral Dissertation Defense of Laura A. Pasquini
Department of Learning Technologies, College of Information
University of North Texas
June 12, 2014
Cyber Liability - Insurance Risk Management and PreparationEric Reehl
See how Adaptive Solutions is delivering leading cyber risk management solutions through its strategic alliance with Willis Towers Watson and Darklight Technologies.
The concept of WPM is a broad and complex one. Depending on the socio-political environment and
cultural conditions, the scope and contents of participation change.
International Institute of Labour Studies: WPM is the participation resulting from the practices
which increase the scope for employees’ share of influence in decision-making at different tiers of
organizational hierarchy with concomitant (related) assumption of responsibility.
ILO: Workers’ participation, may broadly be taken to cover all terms of association of workers and
their representatives with the decision-making process, ranging from exchange of information, consultations, decisions and negotiations, to more institutionalized forms such as the presence of workers’ member on management or supervisory boards or even management by workers themselves (as practiced in Yugoslavia).
The main implications of workers’ participation in management as summarized by ILO:
• Workers have ideas which can be useful;
• Workers may work more intelligently if they are informed about the reasons for and the
intention of decisions that are taken in a participative atmosphere
A penny saved is a penny earned: Navigating your company through spoliation claims and strategies to maximize recovering attorneys' fees. Presented at the Association of Corporate Counsel.
BoyarMiller – Navigating Your Company through Spoliation Claims and Strategie...BoyarMiller
A Penny Saved is a Penny Earned:
Navigating Your Company through Spoliation Claims and Strategies to Maximize Recovering Attorneys’ Fees
presented by:
Chris Hanslik, Craig Dillard & Matt Veech
The Form I-864 and the right to indefinite spousal support Greg McLawsen
Family law attorneys need to understand that certain immigrants are entitled to indefinite support from their spousal sponsors. This presentation helps family law attorneys understand the scope and nature of the sponsor's obligations.
Experience, Expertise, and Preparation: Keys to a Successful Workers' Compen...NationalUnderwriter
Experience, Expertise, and Preparation: Keys to a Successful Workers' Compensation Fraud Investigation by Stacey Golden (from FC&S Legal: The Insurance Coverage Law Information Center)
Unfortunately, workers’ compensation fraud has been on the rise. The poor state of the U.S. economy is certainly a
factor with the associated mortgage meltdown and government cutbacks. Even rising student debt in this environment is placing pressure on young people. Equally unfortunate for those who see fraud as a solution to their challenges, many consider it easy money and are simply clueless to the potential consequences. There are also plenty of examples of sophisticated cases that require careful and persistent digging.
Information on avoiding slander and libel claims. Provides a general overview of the law of defamation and invasion of privacy, with tips to avoid such claims.
In the uploaded Document, we have shared the some step & process to make a claims against medical negligence for those victims, who have suffered harm due to medical negligence. Look at the Doc for more.
How to Make Insurers Pay a Verdict Beyond Their CoverageEdward K. Le
Insurance companies does not pay claims fairly, forcing most injured victims to try cases even in the most straightforward case. Even when a trial verdicts results in a just award for the plaintiff or injured victim, it is difficult to collect directly from the defendant who do not have the assets to pay off the judgment. The only practical solution is to obtain an assignment of claims from the defendant, in exchange for a covenant not to execute, and go after the defendant’s insurers for the excess verdict.
However, unless the correct procedural steps are taken to properly “set up” the insurance company, most insurance companies will balk at paying any funds that are above the third party policy limits of the defendant. The point of these slides is to set forth several suggestions to the plaintiff’s attorney who represents the injured victim to assist them in maximizing the ability to collect on the excess verdict and hold the insurance company accountable. The steps here are based upon Washington law.
Assignment #3 Grading Rubric Name:
Highly Competent
Competent
Minimally Competent
Not Competent
Organization (8 points)
Careful organization that enhances presentation; definite/appropriate intro and closure segments
Logical organization; somewhat effective intro and closure segments
Some organization; lapses in focus and/or coherence; attempt at introduction and closure segments
Random and/or weak organization; no attempt at intro and closure segments
References/APA Format
(8 points)
At least 8 credible references which are cited using APA format in text and on the reference page
6 or 7 credible references; minor APA errors in text and/or on the reference page
Less than 5 credible references; some APA format errors in text and/or on the reference page
Lack of reference or reference page, numerous APA format errors in text and/or on the reference page
Mechanics (8 points)
Virtually no errors in mechanics (spelling, grammar and/or sentence structure)
Few errors in mechanics relative to length and complexity; fewer than 6 pages in length
Some errors in mechanics but not enough to interfere with communication; fewer than 5 pages in length
Errors in mechanics that affect communication
Arguments (16 points)
At least 3 well-formed arguments representing stance on debate
Fewer than 3 well-formed arguments, but stance on debate is evident
Arguments lacked focus or organization; some question as to stance on debate
Very little development in arguments and/or stance not evident
Total /40 points
Comments
ACC 150
THE LEGAL ENVIRONMENT OF BUSINESS
With Doreen Smith, Esquire
Chapter 32
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CONSUMER PROTECTION LAWSConsumerAny buyer afforded special protections by statute or regulationWho Can Be Liable?Persons or enterprises that regularly enter into the type of transaction that the injured consumer was involved.
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GENERAL PRINCIPLES
Who can sue under consumer protection laws? Lawsuits by the governmentLawsuits by consumers.
What Types of Damages are Available?Replacement or Refund. Invalidation of Consumer’s Contract.
Compensatory damages, punitive damages.
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AREAS OF CONSUMER PROTECTION
Advertising (Deceptive Ads)Federal Trade Commission (FTC)Corrective Advertising: may be required
Labeling.
Labeling that exaggerates or misleads a consumer is not allowed.
*
AREAS OF CONSUMER PROTECTION
Selling Methods.Home-Solicited Sales: over $25 may be set aside within 3 business days (rescission)Telemarketing Fraud. National Do Not Call registryAllows consumers to opt out of telemarketing phone calls.
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AREAS OF CONSUMER PROTECTIONThe Consumer Contract.
Form of Contract (ex. font size cannot be too small)
Two-Sided Contract (need notice that info. is on other side of page).
Disclosures requirements for many transactions.
*
UNCONSCIONABLE CONTRACTS
Uniform Commercial Code (UCC)
The UCC provides laws for certain contracts
Unconscionability
Protection of consumer when a contract term is oppressive to th.
1. Bad Faith, Insurance Coverage & Current Issues Impacting Insurance Defense Presented by Patricia L. Dodge and Ronald L. Hicks, Jr.
2. Discussion Topics I. Identifying Bad Faith Tort, C/A & Damages II. Negotiation & Settlement Techniques III. Legislation Issues & Current Laws IV. Litigating an Insurance Claim V. Avoiding Bad Faith Claims
3. Bad Faith Tort, C/A & Damages I. Identifying Bad Faith Tort, C/A & Damages Bad faith applies to both first party & UM/UIM insurance claims. No different or heightened duty of good faith exists in the UM/UIM setting. A. First Party & UM/UIM Claims
4. Bad Faith Tort, C/A & Damages Bad faith = “Any frivolous or unfounded refusal to pay proceeds of a policy.” Bad faith includes failure to investigate the facts and failure to communicate with the insured Found at 42 Pa.C.S.A. §8371; does not define “bad faith.” 1. PA Statutory Bad Faith Claim
5. Bad Faith Tort, C/A & Damages Bad faith does not mean fraudulent. Bad faith = dishonest purpose; means breach of known duty through motive of self-interest or ill will. Mere negligence or bad judgment is not bad faith.
6. Bad Faith Tort, C/A & Damages §8371 does not apply to claim of wrongful refusal to renew insurance. §8371 does not apply to claim for wrongful cancellation of insurance. §8371 limited to wrongful denial of claim or refusal to pay benefits.
7. Bad Faith Tort, C/A & Damages §8371 claim is not dependent upon resolution of underlying breach of contract claim. §8371 claim can be successful if breach of contract claim fails for procedural reasons. §8371 claim is separate, independent claim. §8371 claim cannot be insured’s sole claim.
8. Bad Faith Tort, C/A & Damages First element is governed by objective analysis; reliance not necessary. Bad faith must be proven by clear and convincing evidence. Two elements: Lacks reasonable basis for denying benefits & Knows or recklessly disregards lack of reasonable basis. 2. Elements PA Statutory Bad Faith §8371 applies throughout claim mgmt.
9. Bad Faith Tort, C/A & Damages Hayes and Hollock cases are instructive on what courts find as constituting bad faith. Bad faith includes asking for unnecessary amount of personal information before honoring claim. §8371 encompasses a broad range of insurer conduct. 3. Types of Bad Faith Conduct
10. Bad Faith Tort, C/A & Damages Bad faith does not if denial is caused by insured’s own conduct. Bad faith does not exist when reasonable basis to deny claim can be found, even if not relied upon at time of denial.
11. Bad Faith Tort, C/A & Damages Discovery violations alone do not equate to bad faith. Bad faith includes conduct during litigation if done with dishonest purpose.
12. Bad Faith Tort, C/A & Damages “ Insurer” means only an insurance company. “ Insurer” does not include agents, adjusters, contractors, self-insured entities or loss adjustment companies. §8371 claim can be pursued only against an “insurer.” 4. Who Is An Insurer? “ Insurer” may be more than one insurance company.
13. Bad Faith Tort, C/A & Damages §8371 applies equally to third party claims. Third party cannot bring a §8371 claim absent assignment. B. Third Party Claims Judgment creditor can bring a §8371 claim if permitted by policy.
14. Bad Faith Tort, C/A & Damages 1. Negligence/Fraud Claims 2. Breach of Contract Claims C. Related Causes of Action 3. UTPCPL Claims
15. Bad Faith Tort, C/A & Damages Other Distress Interest Punitive Fees Figuring Out Damages D. What to Consider When:
16. Bad Faith Tort, C/A & Damages Physical injury required in order to recover emotional distress damages. Restatement (Second) of Damages §353 permits recovery without bodily injury, but limited situations – not yet adopted in PA Emotional distress damages are not available under §8371, but can be recovered for breach of contract for insurer’s bad faith. 1. Emotional Distress
17. Bad Faith Tort, C/A & Damages Interest at 6% legal rate awarded as a matter of right in breach of contract actions. Interest at prime plus 3% awarded at court’s discretion in §8371 actions. Recovery of prejudgment interest depends on nature of bad faith claim. 2. Interest Interest awarded at court’s discretion in UTPCPL actions.
18. Bad Faith Tort, C/A & Damages Punitive damages are recoverable in §8371 actions at court’s discretion upon bad faith finding. Punitive damages not recoverable in breach of contract actions for insurer’s bad faith. 3. Punitive Damages Punitive damages are recoverable in UTPCPL actions at court’s discretion.
19. Bad Faith Tort, C/A & Damages Reasonableness must exist b/n amount and deterrence, tortuous act, plaintiff’s actual harm and defendant’s wealth. Punitive damages have no proportional relationship to compensatory damages.
20. Bad Faith Tort, C/A & Damages Ratio of punitive damages to actual harm – generally only single-digit ratio will pass muster. Degree of reprehensibility of tortuous conduct 3. Punitive Damages – Campbell/Gore Difference b/n punitive damages and civil penalties authorized in comparable cases.
21. Bad Faith Tort, C/A & Damages Attorney’s fees cannot be recovered for breach of contract absent insurer’s bad faith. Attorney’s fees are awarded at court’s discretion in §8371 actions. PA follows the “American Rule.” 4. Attorney’s Fees and Expenses Attorney’s fees are awarded at court’s discretion in UTPCPL actions.
22. Bad Faith Tort, C/A & Damages No reported case on recovery of “Diagnostic v. Treatment” damages for insurer’s bad faith. 5. Other Damages
23. Bad Faith Tort, C/A & Damages I. Identifying Bad Faith Tort, C/A & Damages Question & Answer Session
24. Negotiation & Settlement II. Negotiation & Settlement Techniques 1. Investigation of Liability & Damages 2. Available Insurance Coverage A. Appraisal of Insurance Claims 3. Other Relevant Issues
25. Negotiation & Settlement II. Negotiation & Settlement Techniques 1. Joinder/Consolidation 2. Involvement of Neutral B. Negotiation Strategies
27. Legislation & Current Laws III. Legislation Issues & Current Laws Objections can attack both the procedure and substance of the subpoena. Failure to raise objections before or at the time of compliance may constitute waiver.
28. Legislation & Current Laws Question & Answer Session III. Legislation Issues & Current Laws
29. Litigating An Insurance Claim IV. Litigating An Insurance Claim PA state civil procedure rules mandate use of a timely motion for protective order. Federal civil procedure rules permit not only a timely motion for protective order, but also written objections to document requests w/n 14 days of service or before compliance if less than 14 days. Burden of proof is on you.
31. Avoiding Bad Faith Claims V. Avoiding Bad Faith Claims A valid subpoena cannot be ignored. Failure to comply with a subpoena may result in a contempt proceedings. Contempt of a subpoena is generally punished by way of fine.
32. Avoiding Bad Faith Claims Question & Answer Session V. Avoiding Bad Faith Claims
33. Bad Faith, Insurance Coverage & Current Issues Impacting Insurance Defense Presented by Patricia L. Dodge and Ronald L. Hicks, Jr.
34. Learn About The Lawsuit Opposing Counsel Caption Issuing Attorney Orders & Rules Target Information What you need is:
35. Assess Risks Response Costs Relationship Costs Party Costs Other Lawsuits Appearance Fees Attorneys’ Fees Copying Costs Public Disclosure Owens v. QVC (EDPA) NMH v. Ashcroft (7 th ) “ Fishing Expedition” MGM Studios v. Groskter (D.Del.) Threat not proper obj. Self-incrimination Other privileges Party’s private information 3 rd Party Information Trade Secrets
36. Procedural Defects Fees & Mileage Personal Service 100 Mile Rule Issuing Signature Beyond Close of Discovery Who May Serve
38. Undue Burden Other Means Untimely Service Health Issues Excessive Costs Overly Broad Examples What you need is:
39. Possession, Custody or Control Actual possession or legal right to obtain documents on demand. “ Practical ability” to demand = ability to enforce compliance with demand. “ Possession, custody or control” is coextensive with other discovery rules.
40. Unreasonable Response Time Unreasonable response time is a matter of the court’s discretion. “ Fails to allow reasonable time for compliance” is a stated grounds to quash under Fed.R.Civ.Proc. 45(c)(3)(A).
41. Trade Secrets It is rare that a federal or state court subpoena is quashed on the basis of trade secret or confidential information. Fed.R.Civ.Proc. 45(c)(3)(B)(i) authorizes the quashing of a subpoena to prevent disclosure of trade secrets and confidential information. The rule is not absolute.