Broadcast Date: Friday, September 24, 2021
from 12:00 pm to 1:00 pm (ET)
Overview:
Depositions are a crucial part of the pre-trial discovery in insurance coverage and bad faith litigation. It also involves nuances distinctive to insurance law, such as the legal complexities brought by Rule 30(b)(6), which litigators need to be well-versed in. Successful management of litigation deponents is a significant step to prevailing in the case, hence, thoughtful strategies need to be put in place.
In this LIVE CLE Webcast, experienced insurance coverage litigators from Segal McCambridge Singer & Mahoney, Ltd. – Kenneth P. Williams and Ilana Olman – will provide an in-depth discussion of effectively handling depositions in insurance coverage and bad faith litigation. Speakers will also examine the considerations litigators should take to mitigate risks and take advantage of any opportunity.
Some of the major topics that will be covered in this course are:
- Recent Litigation Trends and Developments
- Rule 30(b)(6) – An Overview
- Notable Cases
- Common Risks and Challenges
- Best Deposition Tips and Strategies
Credit:
Course Level:
Intermediate
Advance Preparation:
Print and review course materials
Method of Presentation:
On-Demand Webcast
Prerequisite:
General knowledge of insurance law
Course Code:
149616
NY Category of CLE Credit:
Areas of Professional Practice
Total Credit:
1.0 CLE
How to Claim CLE Credits Per State:
https://knowledgewebcasts.com/how-to-claim-cle-credits-per-state/
CLE State Requirements:
https://knowledgewebcasts.com/cle-state-requirements/
CPE State Requirements:
Speaker Panel:
Kenneth P. Williams, Shareholder
Segal McCambridge Singer & Mahoney, Ltd.
Kenneth Williams is a shareholder in the Segal McCambridge Detroit office. He focuses his practice on representing corporations and insurance carriers in the areas of coverage and personal injury litigation. He has a wide array of jury trial experience in Michigan, Florida, and Illinois. He has also litigated matters including but not limited to general liability, premises liability, coverage and indemnification, employment discrimination, along with agency claims. He is also co-chair of the firm’s Diversity & Inclusion Committee.
Ilana Olman, Shareholder
Segal McCambridge Singer & Mahoney, Ltd.
Ilana Olman is a shareholder in the Segal McCambridge Ft. Lauderdale office. Her practice includes a broad range of insurance coverage and bad faith claims and lawsuits, where she has represented insurers in complex insurance coverage disputes relating to commercial general liability, property, errors and omissions, directors and officers, umbrella and excess policies, as well as other specialty insurance products. Ms. Olman is a certified instructor with the State of Florida, Department of Financial Services and has provided licensed insurance adjusters continuing education to meet requirements under licensure with the state of Florida. She has provided CLE courses to members of legal organizations in Florida, as well as in-service presentations for insurance companies. She currently serves as the vice chair of the Excess, Umbrella and Surplus Lines subcommittee within the Insurance Law Committee for the Defense Research Institute (DRI).
Agenda:
Kenneth P. Williams, Shareholder
Segal McCambridge Singer & Mahoney, Ltd.
AND
Ilana Olman, Shareholder
Segal McCambridge Singer & Mahoney, Ltd.
- Explain context for deposition: establish facts by way of admissible evidence and/or testimony that the carrier (through its representatives) conducted a fair and objective investigation into the facts of the claim. What is the basis for the deposition and how will the testimony fit in the case?
- Focus for depositions:
- Coverage deposition focuses on the coverage investigation and conclusion.
- Bad Faith deposition focuses on the potential negligence or improper (biased) claim handling.
- Note however – the purpose of the deposition must be established: Even if the claim was handled improperly, if there is no coverage, then the conduct of the insurance company or the adjuster cannot be a proximate or producing cause of the insured's damages if there was no coverage initially.
- Discuss where affirmative duties arise and/or examples of failure act in accord with those duties via:
- case law
- expert reports/testimony
- jury instructions
- key facts developed in discovery
- Go in chronological order of discovery to aid in preparation of witness
- Focus for depositions:
- Preparing the witness(es) (i.e. claims handler, claims manager, underwriter, underlying defense counsel, corporate representative, etc.)
- Document review and preparation of working copies of – claim file, claim notes/diary notes and/or underwriting file (pay special attention to any missing pieces)
- Address:
- Law of applicable jurisdiction re discoverability
- Documents produced in discovery
- Documents that will be subject to discovery
- Whether deposition is subject to a duces tecum request
- Nuts and bolts of preparation
- Address:
- Advance preparation (multiple sessions)
- Engage in adverse witness deposition training of claim representative
- Video mock deposition
- Preparing witness to testify in capacity as witnesses versus corporate representative
- If corporate representative: knowledge of the claim and claim history and other issues designated in notice for deposition
- Address:
- Address:
- Document review and preparation of working copies of – claim file, claim notes/diary notes and/or underwriting file (pay special attention to any missing pieces)
- Court intervention prior or after deposition
- Motions for protective order
- Objections
- Issues surrounding privilege that arise in context of bad faith and/or coverage depositions
- When outside or in house coverage counsel operate in a dual capacity as attorney and adjuster (wearing two “hats”)
- Impact on privilege
- Becoming a fact witness
- When outside or in house coverage counsel operate in a dual capacity as attorney and adjuster (wearing two “hats”)
- The deposition
- Confronting reptilian tactics
- Disciplinary history of claims handler
- Issues surrounding Company/Carrier Policies and Guidelines
- s legal authority in various key jurisdictions
Date & Time:
Friday, September 24, 2021
12:00 pm to 1:00 pm (ET)
Who Should Attend:
- Insurance Lawyers
- Insurance Agencies
- Insurers and Policyholders
- Financial Advisors
- Paralegals
- Claims Representatives
- In-House Counsel
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