Insurance (CLE)

Navigating Insurance Claims: Tips for Policyholders and Best Practices for Adjusters


When adversity strikes, insurance claims emerge as an indispensable lifeline for policyholders and a paramount responsibility for insurance adjusters. However, comprehending the intricacies of insurance policies and navigating the claims process can be a complex and frequently stressful endeavor for both parties. Join our speakers in this CLE webcast as they immerse themselves in the intricate world of insurance claims and empower both policyholders and adjusters to foster a smoother, more efficacious claims experience. They will meticulously bridge the gaps between policyholders and adjusters, imparting practical guidance to policyholders for safeguarding their rights and securing fair compensation, while simultaneously empowering adjusters to handle claims with proficiency, professionalism, and unwavering ethical practices.

Avoiding Insurance Bad Faith Claims: A Guide for Policyholders and Insurers


Bad faith litigation remains complex and risky due to unprecedented legal developments and challenges that continue to emerge. Recent court rulings highlight how insurance companies can still be accountable for bad faith if they unreasonably refuse to pay a legitimate claim or settle a third-party claim or lawsuit and the policyholder wins at trial. As the evolving regulatory landscape continues to bring new issues that could affect how “bad faith” applies in future cases, insurers should stay informed to effectively manage their business operations in compliance with legal requirements. On the policyholder side, certain states recognize “reverse bad faith” as a cause of action assertable by insurers, and in other states insurers can assert the insured’s bad faith or misconduct as an affirmative defense to bad faith claims. The speakers will address issues policyholders might face in these jurisdictions.

Insurance Coverage and Bad Faith Litigation in 2022: Best Practices for Resolving Insurance Disputes


The past months have seen a rise in new insurance coverage and bad faith filings. Notably, a significant number of claims filed at both federal and state courts were dismissed favoring insurers due to the lack of "direct physical loss or damage" to property. In the recent McNamara v. Government Employees Insurance decision, the U.S. Court of Appeals for the Eleventh Circuit reversed the Florida district court’s decision dismissing the bad faith claim. The Eleventh Circuit held that “consent judgment is the ‘functional equivalent’ of an excess judgment that permits the insured to proceed against the insurer for bad faith.”

How to Effectively Handle Depositions in Insurance Coverage and Bad Faith Litigation: A Practical Guide


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.

Business Interruption Insurance: Lessons Learned from the Pandemic


The COVID-19 pandemic is drastically affecting today’s global economy. Because of temporary closures and disrupted supply chains and sales, businesses today are confronted with profound income losses. This fallout has prompted an upsurge in business interruption insurance claims. Whether standard commercial policies provide coverage for virus-related income loss is hotly contested, however. Likelihood of recovery on such claims will depend on the terms and conditions of individual policies, as well as ongoing developments in litigation and legislation.

Business Interruption Insurance Coverage Claims and Litigation: What You Must Know and Do Amid the COVID-19 Pandemic


Since the onset of shutdown orders due to COVID-19, business owners have turned to their insurance policies to seek coverage for lost revenue and other pandemic-induced expenses. Insurers have generally denied business interruption coverage to these claims, referring to policy requirements for direct physical loss. Policyholders have brought their claims to the courts and, in most cases, judges have ruled in favor of the insurers. However, this trend is expected to change as plaintiffs start to find the weaknesses of the defendants’ arguments.

Representations and Warranties Insurance: Trends, Developments, and Issues You Should Know


The representations and warranties insurance (RWI) market continues to rapidly evolve as it responds to the ongoing pandemic. A number of RWI trends have started to emerge including the classification of the current crisis as a heightened due diligence area and the standardization of COVID-19 exclusions. More significantly, several other issues are yet to arise as the health crisis continues to unfold.

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