1st Party Property Insurance Bad Faith Cases From Start to Finish (CA) [Two-Part Webinar]

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, have 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? No worries! You can order the recorded package:

This program will be recorded live on April 27 & 29, 2021. The recorded package, available in audio or video format and including seminar materials, will be available within two to three 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 (or later) due to Covid-19.

 

 

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Agenda

Part 1
Tuesday, April 27, 2021
1:00 – 4:30 Pacific

1:00 – 1:15
Overview/types of bad faith claims that generally arise in the context of first-party property claims

1:15 – 2:15
Rules of Policy Construction and Overview of First Party Coverage

  • Types of first party property policies
    • Homeowners/Renters
    • Commercial
  • How to read a first party policy and the distinction between third party coverage
    • Standardized wording – usually
    • Manuscript wording – often in commercial policies
  • Basic contractual analysis
  • The Grant of Coverage
    • Commercial policies’ multiple coverages
    • Direct Physical Loss
  • Definitions Matter
  • Exclusions Restrict
    • Address developments in the law such as virus exclusions
  • Conditions Clarify and Modify
  • Endorsements
  • Interpretation of Policies
    • Step-by-Step
    • The issue of ambiguity

2:15 – 2:25
Break

2:25 – 4:30
Duties (both sides):

  • Insured’s duty to file a claim
    • Timeliness
    •  Policy provisions for filing
    • Contractual limitation provisions
    • Delayed discovery issues
  • Proof of Loss Requirements
  • Insured’s duty to cooperate
  • Insurer’s duty to respond to claims
    • Statutory requirements
    • Common law requirements
  • Insurer’s duties during claims handling
    • Examples
  • Reservation of Rights (ROR)
    • Coverage defenses
    • Later discovered defenses
  • Insurer’s duties re: undisputed payments

 

Part 2
Thursday April 29, 2021
1:00 – 4:30 Pacific

 

1:00 – 2:15
Settlement/failure to settle the underlying claim

  • Understanding the Duty to Settle
  • The Three Duties
    –       Duty to Defend
    –       Duty to Indemnify
    –       Duty to Settle
  • Triggering the Duty to Settle
  • CACI 2334 “Reasonable Settlement Demand”
  • Pinto v. Farmers
  • Control of Settlement
  • Consent Clauses
  • Hammer Clauses
  • Blue Ridge Reimbursement Claims
  • Remedies
  • Assignments/Covenants
  • Attorney Fees

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

2:15 – 2:30
Break

2:30 – 3:30
Litigating First Party Cases

  • Insurance Industry Standards
  • Homeowners Property Insurance
  • Bad Faith Issues
  • Initiating Litigation
  • Law & Motion
    • Demurrer Issues
    • -MSJ Issues
  • Burden of Proof Standards
  • Recoverable Damages

3:30- 4:30
Trial strategy, winning themes, and other critical issues in coverage litigation
A conversation with Edith Matthai and Michael Bidart

 

Date/Time/Location

Two – Part Webinar

Dates:
Part 1: Tuesday, April 27, 2021
Part 2: Thursday, April 29, 2021

Times for both Parts:
1:00 p.m. – 4:30 p.m. Pacific Time (includes breaks)

 

We will send your login details and handout materials a few days before your program.

Testimonials

  1. 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.


Nicholas J. Boos, Esq.
Partner
Maynard Cooper & Gale LLP

Nick is Managing Partner of Maynard Cooper’s San Francisco office. He is a member of the Firm’s Insurance and Financial Services Litigation practice group where he focuses on the representation of insurers, financial services clients, and other companies in complex litigation and other disputes. He regularly serves as lead counsel in high stakes cases in state and federal courts throughout California.

Nick was selected for inclusion in "The Best Lawyers in America" for 2019 and 2020, and was named a 2020 California "Super Lawyer". In 2016, Nick was recognized as one of the Top 40 Lawyers Under 40 in the State of California by the Los Angeles and San Francisco Daily Journal Corporation. He was also annually recognized as a Super Lawyers “Rising Star” from 2013 to 2017. Nick received his J.D. from the University of San Francisco School of Law and his B.A. from the University of California, Berkeley


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.

 


Larry M. Golub, Esq.
Litigation Partner
Sacro & Walker LLP

Larry Golub is a litigator who focuses his practice on a wide range of litigation matters for both insurance and non-insurance clients. With more than 35 years of civil litigation experience, his practice focuses on insurance coverage, bad faith, class action litigation, and appellate review.In addition to representing insurance companies, Mr. Golub’s clients have included insurance agents, brokers and insurance trade associations. He regularly defends against lawsuits brought under California’s Unfair Competition Law and the Telephone Consumer Protection Act.

Mr. Golub is admitted to practice before all California state courts, as well as before the United States Supreme Court, the Ninth Circuit Court of Appeals and the United States District Court for the Central, Eastern, Southern and Northern Districts of California and the District of Arizona.  He has received a Martindale-Hubbell® AV Preeminent peer rating.


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.


Fees

Registration fees are per person.

Individual: $425

Group: $399 per person for 2 or more from the same company pre-registering at the same time

Government employee/Legal Aid* Rate: $375

Law Student*/Paralegal Rate: $235

Your access information and course handout will be sent out a few days before the program.

 

Program materials:

Registration includes an electronic copy (.pdf) of your seminar handbook.  This will be emailed to you a few days before the program.  Be sure to check your spam folder if you don’t see it by then.  Please put info@pincusproed.com in your address book to make sure you receive your pdf of the program handbook.

* Law Student Rate is for current law students only.  Please bring your law school ID to show when you check in for the program.

** Legal Aid attorneys are those attorneys employed by Legal Aid/non-profit firms.  It does not include attorneys who have their own practice, or are employed by law firms, that volunteer their time for non-profit causes or take on pro-bono cases. It also does not include attorneys who serve on non-profit boards.

Full and partial scholarships may be available to a limited number of Legal Aid attorneys, based upon registration. Please call (877) 858-3848 to discuss or email your request to info@pincusproed.com.

CLE Credits

This program is available for both Self-Study and Participatory CLE.*

CA: This program is approved for 6.25 hours of CLE in California.

New York: This program is eligible for credit in New York under New York’s CLE Approved Jurisdiction policy, for 6.25 CLE units. Pincus Professional Education is a CA Accredited Provider, which is a NY approved jurisdiction. See Section 6 of the New York State CLE Board Regulations and Guidelines for further information.

*Participatory CLE:  For those states that make a distinction between self-study and Participatory CLE (CA, IL, NY), please write down the Verification Codes read out during the program by speakers or our announcer and email them to us at info@pincusproed.com and we will issue your Participatory CLE certificate. 

 

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. Many attorneys ask for this and are approved in other states.

 

 

$235.00$425.00 each

April 27 & 29, 2021 | Two-Part Webinar

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