1st Party Property Insurance Bad Faith Cases From Start to Finish (Recorded Package)

Audio program! (check our CLE Programs page for live versions)

Our two-part, six-hour webinar on 1st Party Property Insurance Bad Faith Cases is a must for any attorney new to, or relatively new to this area of law. Experienced practitioners will pick up a few ideas and new strategies as well.

Insurance Bad Faith Cases are tricky whether you are approaching them as counsel for the insured or the insurer.  And 1st Party Property Insurance Bad Faith cases are on the rise – the increase in hurricanes and fires and all sort of natural disasters has seen a rapid increase in insurance claims and disputes all over the country.

For example – the ongoing fire storms in California, getting worse every year, and the almost yearly hurricane disasters and flooding disasters in the South have all had a dramatic impact on properties and insurers and  those insured.

This seminar lays things out for you in a clear and concise manner and provides concrete strategies and tactics to help you win your cases.

Both sides of the aisles are represented – plaintiff and defense and you are sure to come away with new tools you can put to use immediately.

Please see the detailed agenda below for all of the details about topics covered.

Can’t attend? This program will be recorded live on January 26-28, 2021. The recorded package, available in audio or video format and including seminar materials, will be available within one to two weeks after the live program ends.

Normally held in person, this and all of our programs will be held as multiple part webinars through September of 2021 due to Covid-19.

 

This program will be recorded live on January 26-28, 2021. The recorded package, available in audio only or video format and including seminar materials, will be available within one to two weeks after the live program ends. 

 

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What You Will Learn

Part 1

Overview/types of bad faith claims that generally arise in the context of first-party property claims

Rules of Policy Construction

  • The Grant of Coverage
  • Inclusion/Exclusion
    • How exclusion language under the insurance policy impacts coverage
    • Inclusion of contractual and/or consumer protection claims

Tender/notice of a claim (policyholder obligations; consequences of failure to timely tender)

  • State law
  • Occurrence v. claims v. claims made and reported
  • Notice prejudice
  • As soon as practicable
  • Choice of duty to defend – policyholder election
  • What is a claim?

Break

Duties (on both sides):

  • Insured’s Duty of Cooperation
  • Insurer’s Duty to Defend
  • Duty to Indemnify
  • Insurer’s duty to investigate and respond to tender
    • Regulations
    • Moradi-Shalal
    • Zhang
    • Scope of duty to investigate
    • No duty to follow up for additional information/insured’s obligations
  • Reservation of Rights Letters (ROR)

 

Part 2

Settlement/failure to settle the underlying claim

  • Control of settlement
  • Blue Ridge
  • Consent
  • Hammer clauses
  • Duty to affirmatively pursue settlement

Remedies  

  • Differences in state remedies
  • Montrose stay
  • Breach of duty to defend?
  • Breach of duty to settle/indemnify
  • Structures for settlement
  • Assignments/covenants
  • Compensatory/attorney fees/punitive
  • Insurer’s right to reimbursement

Break

Litigating First Party Cases

  • Statute or other written codification
  • Common law
  • What is the standard?
  • What is the burden of proof?
  • Clear and convincing or preponderance
  • Recoverable damages
  • Specific Examples:
    • Hurricane
    • Fire
    • Covid-19

Trial strategy, winning themes, and other critical issues in coverage litigation

 

Testimonials

The following testimonials are from our Insurance Solutions for Covid-19 webinar, taught several of the same speakers.

“I have listened to / watched 4 or 5 programs on this topic over the past month. This was far and away the best one to date.” – Jeffrey Berman, Esq.

“I want to say yesterday’s seminar was a breath of fresh air.  No war stories, just clear, to the point information from attorneys who are clearly knowledgeable in their field.” – Rafael Katz, Esq.

“This was a very informative and more in-depth treatment of this Covid-19 issue with Insurance.  Thank you.” – Klaus O. Snyder, Esq.

 

The following testimonials are from our prior Insurance Bad Faith programs held in California:

“Excellent speakers, terrific overview of bad faith issues.” –Daniel Tripathi, Esq.

“Good speakers, very knowledgeable.” – Meredith Stewart, Esq.

“Excellent panel. One of the best panels I’ve seen.”

”Content and presentation were excellent regarding cases where insured is sued by 3rd party.” – Susan Brubeck, Esq.

”Excellent.” – Sam Rudolph, Esq.

“Excellent seminar, very thorough. Excellent panel and good price for amount of knowledge gained.”

”Completely satisfied.” – Allison Donohue, Esq.

 

The following testimonials are from our prior Insurance Bad Faith programs held in Florida, including Ed Blumberg, who is teaching at this program:

“The information pertaining to the duty of the insured and the insurer explained as they relate to bad faith claims was particularly helpful. I very much enjoyed the segment by Edward Blumberg. He was captivating and inspirational. The content was easy to understand and useful. Thank you for providing this CLE opportunity. I will recommend Pincus to my colleagues and I look forward to the next CLE seminar with Pincus.” – Sandra Brown, Esq.

“Thorough, dynamic presentation.” – Yelilya Swaím, Esq.

“Good.” – John Eversole, Esq.

“Great presentation by Edward Blumberg.” – Viktorya Croskey, Esq.

 

Faculty

Michael J. Bidart, Esq.
Partner
Shernoff Bidart Echeverria LLP

As a preeminent consumer attorney, Michael J. Bidart has made a major impact on our healthcare system. Mr. Bidart is the Managing Partner for the firm, and he leads the firm’s HMO Litigation and Property/Casualty Departments.

Since bringing his expertise to the firm in 1986, Mr. Bidart has developed the firm’s health insurance practice by successfully prosecuting bad faith disputes against insurers and HMOs.

Mr. Bidart has been named a Super Lawyer by Law & Politics Magazine every year since 2004, has been a Super Lawyer Top 100 Attorney every year since 2004 and Top 10 in 2019. In 2019, he was named a Top Healthcare Attorney in California by the Los Angeles Daily Journal. He has been profiled in the National Law Journal, The American Lawyer and California Lawyer Magazine, which have recognized him as one of California’s most influential lawyers. The Wall Street Journal has also noted that Mr. Bidart’s success in healthcare litigation helped to reignite the debate in Congress over whether patients should have the right to sue their health plans.

A well-known lecturer and keynote speaker on HMO litigation and bad faith insurance practices, Mr. Bidart has been a featured speaker for the Association of Trial Lawyers of America, Consumer Attorneys of California, American Conference Institute, The Rutter Group, the California Judges Association and many others.

Mr. Bidart graduated from California State Polytechnic University, Pomona (B.S., 1971) and Pepperdine University School of Law (J.D., 1974) and has been the recipient of the Distinguished Alumnus Award of both universities.


Edward R. Blumberg, Esq.
Partner and Co-Founder
Deutsch, Blumberg, & Caballero P.A.

Edward R. Blumberg is a graduate of the University of Georgia and earned his law degree from the College of William and Mary. He has practiced continuously in Florida since 1975. He has served as President of the Florida Bar, as a member of the Board of Governors of the Florida Bar and as a member of the House of Delegates of the American Bar Association. He has chaired and served on countless professional committees and groups and provides continuing legal education lectures to lawyers. Since 1983 he has been continuously certified and re-certified in civil trial law by The Florida Bar and The National Board of Trial Advocacy.


Harry Chamberlain II, Esq.
Shareholder/Certified Legal Specialist in Appellate Law
Buchalter

Harry Chamberlain is a shareholder of Buchalter in Los Angeles and Sacramento. For 40 years, he has served as trial and appellate counsel for Fortune 500 companies, professionals, public and private sector clients in complex litigation. He is certified as an Appellate Specialist by the California State Bar Board of Legal Specialization, handling hundreds of appeals across the country, including numerous cases before California Supreme Court and the highest courts of other states.

Before joining Buchalter, Harry was general counsel of a California-based commercial insurance group, and managed the law department for major U.S. liability insurers and financial service companies. He is past president of California Defense Counsel and the Association of Southern California Defense Counsel, preeminent regional associations of civil defense trial and appellate lawyers. He writes and lectures widely on a variety of topics concerning the First Amendment, litigation practice and insurance law.


Ricardo Echeverria, Esq.
Partner
Shernoff Bidart Echeverria LLP

Ricardo Echeverria is a trial attorney with Shernoff Bidart Echeverria LLP handling insurance bad faith and catastrophic personal injury cases. Mr. Echeverria is a past-president of the Consumer Attorneys Association of Los Angeles (CAALA) the nation’s largest local association of plaintiffs’ attorneys. He was recognized as one of the Top 30 Plaintiff Lawyers in California in 2018 and 2019 and was named one of the Top 100 Attorneys in California in 2017 and 2018 by the Los Angeles Daily Journal. In 2019, he was honored with the Lifetime Legal Achievement Award from Consumer Watchdog.

Mr. Echeverria was named 2019 Trial Lawyer of the Year by Consumer Attorneys of Inland Empire and was also named the 2010 Trial Lawyer of the Year by the CAALA after having been nominated for the award from 2006 through 2009. He has also been a finalist for the Consumer Attorneys of California’s Consumer Attorney of the Year in 2007, 2009, and 2018. He was also a finalist for the San Francisco Trial Lawyers Association 2019 Trial Lawyer of the Year. Mr. Echeverria was presented the 2011 – 2012 Jennifer Brooks Lawyer of the Year Award by the Western San Bernardino County Bar Association.  In 2012, he received an Outstanding Trial Lawyer Award from the Consumer Attorneys of San Diego. He has been named a Super Lawyer by Super Lawyers Magazine every year since 2005. He has been named a “Best Lawyer” by the Best Lawyers in America publication every year since 2014.He is a member of the American Board of Trial Advocates (ABOTA) and has been recognized as a Top 100 Trial Lawyer in the State of California by The National Trial Lawyers Association. In 2014, Mr. Echeverria was elected a Fellow of the American College of Trial Lawyers (ACTL), which recognizes the top one percent of total trial attorneys in the country.

He has co-authored numerous articles, including “Litigating an HMO Bad Faith Case from the Plaintiff’s Perspective,” “The Erosion of ERISA Preemption of Bad Faith Liability Actions,” “Punitive Damages in Insurance Bad Faith Cases,” “HMOs: Delay of Treatment” and “Holocaust Insurance Claims: Getting Justice 50 years Later.” Mr. Echeverria has also written several articles for Mealey’s Publications, including “Goodrich v. Aetna: A 0.5 million Commentary.”Mr. Echeverria received his B.S., magna cum laude, from California Polytechnic State University, San Luis Obispo in 1990, and his J.D. from Santa Clara University in 1993.

 


Edith R. Matthai, Esq.

Robie & Matthai

 Edith Matthai is a trial lawyer who has specialized in the representation of attorneys in malpractice actions for over thirty years. She has handled matters arising from nearly every field of practice including complex business transactions and litigation, probate and complex family law proceedings, securities litigation, intellectual property litigation, entertainment related disputes and bankruptcy proceedings.

Because of her breadth of experience and creativity she has also been asked to defend a wide variety of cases that are complex and unique.

Edith represents judges and commissioners in disciplinary matters pending before the California Commission on Judicial Performance; she has represented over 250 judicial officers over the last fifteen years.

She has been repeatedly recognized for her trial skills and also has significant appellate experience, having handled many cases that have formed the legal principles setting the standards for attorney liability.

Since 2013 she has served on the Board of Directors of American Business Bank, which was founded in 1997 and has grown to be a two billion dollar institution by providing personalized service to its middle market customers.


Jamie Billotte Moses, Esq.
Partner
Holland and Knight

Jamie Billotte Moses is an Orlando litigation attorney and a member of the firm’s Appellate Team. Ms. Moses focuses her practice primarily on state and federal appeals. She also has significant experience representing clients in real estate and broker litigation, professional malpractice litigation, along with insurance and bad faith litigation.

Ms. Moses is board certified in Appellate Law by The Florida Bar. Prior to joining Holland & Knight, she was a partner at a large Orlando law firm, where she led the appellate practice group.


Fees

Pre-order now and save $100 off of your purchase with the Early Bird Rate!*

Your discount is automatically applied at check out – no coupon needed.

Audio Recording & Materials Package – CD or Download: $425

Video Recording & Materials Package – CD or Download: $425

Early Bird Rate: $325

 

Both Audio and Video Recording & Materials Package for only $50 more!

CD or Download: $475

Early Bird Rate: $375

For CDs, please add $8.50 shipping and, in CA, sales tax.

*Your discount is automatically applied at check out.

 

This program will be recorded live on January 26-28, 2021.

(Recorded packages are available approximately one to two weeks after the seminar is held.)

 

CLE Credit

CA: This program is approved for 6.0 hours of CLE in California.

FL: This program is pending approval for general CLE in Florida.
FL Board Certified:  This program is pending approval for CLE in Florida.

IL: This program is pending approval for general CLE in Illinois.
Professional Responsibility: This program is pending approval for professional responsibility CLE in Illinois.

WA: This program is pending approval for CLE in Washington.

This program is approved for CLE in the states listed above.  Upon request, Pincus Pro Ed will provide any information an attorney needs to support their application for CLE approval in other states other than what is listed above.

 

 

$325.00$375.00 each

Recording/Recorded on January 26-28, 2021.

Clear