Date & Time: Wednesday, October 23, 2024 from 4:00 p.m. to 6:00 p.m. ET
Webinar Fee: $65
This program is online only and will be recorded. Anyone who registers will receive a link to the video recording.
Cosponsors
Faculty
Sean T. Carnathan, O’Connor, Esq., Carnathan and Mack, LLC – author of Massachusetts bad faith insurance litigation: the law of chapter 176D - Lawyers Weekly, Inc. [2020]
Creighton K. Page, Esq., Foley Hoag LLP
Daniel P. Tighe, Esq., Donnelly, Conroy & Gelhaar, LLP
When does an insurer arguably act in bad faith? What are the common scenarios in which policyholders or third-party claimants should consider asserting a claim for bad faith against an insurer?
- Claims Handling Obligations – When is an insurer obligated to make a settlement offer? What does it mean for “liability to be reasonably clear”?
- Defense of Third-Party Claims– What are the insured’s rights in connection with the defense of a claim against them if the insurer reserves its rights on liability? What limits do the obligation of good faith impose on insurers when the insurer accepts the defense obligation without reservation of rights? How does an insurer navigate the duty to settle third-party claims when an insured wants to defend?
- The Chapter 93A/176D Demand – When and why should a policyholder or third-party claimant make one? When and how should the insurer respond?
- Attorney-Client Privilege – To what extent are the insurer’s communications with counsel discoverable in a bad faith lawsuit? When should an insurer consider waiving the privilege?
- Hindsight Bias – How does the outcome of the underlying claim affect a claim for failure to settle? Should the outcome matter?