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

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. WilliamsShareholder

Segal McCambridge Singer & Mahoney, Ltd.

AND

Ilana OlmanShareholder

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
  • 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
  • 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
  • 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
ImageNameCategory
Preventing Ransomware Attacks: A Practical Guide to Enhancing IT Security and Resiliency,
Speaker Preferred Package (Online Payment)
Asbestos Litigation: Demystifying Trends, Developments, and Defense Strategies,
New York Online CLE Bundle
Pennsylvania Online CLE Bundle
California Online CLE Bundle
Supercharging Privilege Review With AI, Analytics, and Automation,
The Hows and Whys of Child Abuse Reporting: A Comprehensive Ethical Guide for Lawyers,
Maximizing Your Innovation ROI: R&D Tax Credits in 2024 and Beyond,
Demystifying Economic Sanctions: Strategies for Success in a Global Economy,
Practical Trademark Perspectives from U.S. and Canadian Counsel,
Effectively Manage KYC Compliance: Keep Up with the Times by Getting Back to Basics,
OFAC Regulations and the Economic Sanctions Compliance Programs: Best Practices,
'Zombie' LIBOR for USD Contracts: Navigating the Critical Issues, ,
Calculating Lost Profits in Construction Claims: A Practical Guide,
False Claims Act and COVID-19 Implications: Key Considerations and Best Practices, ,

SPEAKERS

Kenneth P. WilliamsShareholder
Segal McCambridge Singer & Mahoney, Ltd.
Ilana OlmanShareholder
Segal McCambridge Singer & Mahoney, Ltd.

SUBSCRIPTION PACKAGES

ALL-ACCESS PASS

View Details

CLE LAW MONTHLY

View Details

CPE FINANCE MONTHLY

View Details

Join Over 160,000 Professionals Empowering Their Careers

Learn anywhere from over 3000+ live and recorded CLE, CPE & Technology Webcasts.