Turning the Tables: Taking the Offensive to Defend Bad Faith Lawsuits

Learn various ways insurance companies can position themselves for favorable outcomes in bad faith lawsuits.

As bad faith law develops favorably to insureds across the county, bad faith claims are becoming more and more a part of significant coverage disputes. When defending an insurer against a bad faith claim, is it possible or advisable to go on the offensive? This course reviews the pros and cons of an aggressive defense to a bad faith claim and explores some of the affirmative steps insurers and their counsel can take to effectively defend against bad faith claims. The material will discuss tactics useful in pleading and motion practice, discovery, and trial, including when such tactics work and how they can backfire. Evaluating a turning the tables approach is an important part of any insurance bad faith defense strategy, and practitioners in the area should be aware of the available tactics when developing a strategy.