Bad Faith Insurance Litigation in CA [Two-Part Webinar]

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

Insurance Bad Faith Cases are tricky whether you are approaching them as counsel for the insured or the insurer. This program will cover critical 2024 hot topics – the latest issues, cases, new rules and common problems associated with Bad Faith Insurance cases (see Agenda tab above) in a variety of settings that apply to business clients or individual clients.

And during Part 2, esteemed insurance litigator Michael Bidart will pair up with a to be announced defense attorney and the two will go in-depth into Litigating Bad Faith Insurance cases, winning trial strategies and themes and other critical issues in Bad Faith Litigation.  And they’ll provide plenty of advice and examples along the way.

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 for all of the topics covered.

Can’t attend? This program will be recorded live on April 16 & 18, 2024. The recorded package, available in audio or video format and including seminar materials, will be available approximately two to three weeks after the live program ends.

 

 

 

 

Agenda

Part 1: Tuesday, April 16, 2024
1:00 p.m. – 4:30 p.m.

 

1:00 p.m. – 2:30 p.m.
Navigating Policy Defenses: “Appraisal” of  Property Insurance Claims in the Bad Faith Context
Harry Chamberlain and Susan Page White, Buchalter (plaintiff and defense perspective)

  • Appraisal Process for property valuation disputes – when is it mandatory?
  • The Standard Fire Policy – standard policy vs. statutory conditions to payment
  • What kind of losses are subject to the condition? Only “fire”?
  • Appraisal of property losses is “like arbitration” … why sometimes it ISN’T
  • What happens to other “coverage” issues?
  • Exhaustion of contractual remedies – overcoming legal obstacles
  • Waiver, estoppel and bad faith – when is the condition excused?
  • The declared-disaster exception
  • Selection of “competent and disinterested” appraisers
  • Role of the Neutral Umpire
  • Limited discovery during appraisal – other options under the Standard Policy
  • Role of retained experts
  • Valuation methods
  • May the appraisal panel consider “coverage” issues?
  • Coordinating judicial remedies – before, during and after appraisal

2:30 p.m. – 2:40 p.m
BREAK

2:40 p.m. – 3:15 p.m.
Bad Faith in CyberSecurity Insurance Coverage
Harry Chamberlain and Susan Page White

The Cal Lawyers Association Financial Institutions Practice Group rated Cybersecurity Insurance as the #1 topic that concerned their executives. This session will help attorneys proactively assure that their clients are getting the specialized protections that they “bargained for” in this high-risk area of routine business operations, and are knowledgeable about available options and legal remedies if they “don’t.”

  • Hard Sell Marketing – who “needs” cyber security insurance?
  • Pros and Cons – benefits vs. costs of this specialty coverage
  • First party and third party aspects
  • Have we got a deal for you! Better get it in “writing”
  • Buyer beware – carefully check the coverages and services actually offered
  • Importance of your accurate policy application answers
  • Watch out for conditions, narrowed and excluded cyber risks, sublimits, co-insurance
  • How to effectively handle reporting and litigation of cyber security insurance claims

3:15 – 3:25
BREAK

3:25 p.m. – 4:30 p.m.
Bad Faith and Coverage Cases – 2024 Trends and Updates
Harry Chamberlain, Susan Page White and additional faculty to be announced

  • COVID-19 – certified questions pending in the CA Supreme Court
    • Another Planet Entertainment v. Vigilant Ins. Co.: “Can the actual or potential presence of the COVID-19 virus on an insured’s premises constitute ‘direct physical loss or damage to property’” under standard business property policies?
    • French Laundry Partners, John’s Grill, Inc. v. Hartford – Manuscript policies, concurrent causation: Is the virus exclusion in French Laundry’s business policy unenforceable because enforcing it would render illusory a limited virus coverage provision allowing for the possibility of coverage due to government closures?
    • Trends and Developments in other jurisdictions
  • Pitzer College v. Indian Harbor Ins. Co. –  CA’s notice-prejudice rule … 5 years later
  • Rosenberg-Wohl v. State Farm Statute of limitations for Unfair Competition Law claims — one year (under the Standard Fire Policy) or four years (under the UCL)?
  • Truck Ins. Exchange v. Kaiser Cement – 30 years after Montrose and counting … what are the rules governing vertical or horizontal exhaustion of primary policies?

 

Part 2: Thursday, April 18, 2024
1:00 p.m. – 4:30 p.m.

1:00 – 2:15
Settlement/failure to settle the underlying claim and Remedies in 3rd Party Bad Faith cases
Ricardo Echeverria and Jennifer Yu Sacro

Settlement/failure to settle the underlying claim in 3rd Party Bad Faith cases

  • 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 – 2:25
Break
(10 min)

2:30 – 3:30  [60 min] Litigating First Party Bad Faith Cases
Michael Bidart and Larry Golub

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

2:25 – 2:30
BREAK
(5 min)

3:30- 4:30
Trial strategy, winning themes, and other critical issues in Bad Faith litigation
Michael Bidart and defense speaker TBA

Date/Time/Location

Two – Part Webinar

Dates:
Part 1: Tuesday, April 16, 2024
Part 2: Thursday, April 18, 2024

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

These testimonials are from prior CA Bad Faith Insurance programs by essentially the same faculty. Some of the same topics, like Michael Bidart’s discussions regarding Bad Faith Litigation tactics, are the same:

 

“Excellent panelists. Very knowledgeable speakers. Presenters had tremendous expertise, including a lot of trial experience in the area.” – William Mielke Walker, Esq.

“Great speakers and very informative!” – Chad Tapp, Esq.

“Very informative program. Well organized. Knowledgeable speakers. A great introductory seminar for those new to insurance related litigation but also very concise summary of information for those who’ve been practicing it for a few years as well.”

“Ricardo Echeverria is great!” – Michelle J. Smythe, Esq.

“Very knowledgeable, well-organized speakers.”

“Well done. Speakers obviously very capable in this area of law. Very well informed.”

“Harry Chamberlain had an excellent grasp of the topics and authoritative explanations of the subject matter. Ricardo Echeverria’s presentation included great use of real-world cases and stories to illustrate the principles and why they matter in practice.”

“Very good, in-depth.” – William Mielke Walker, Esq.

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

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

“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.

“Harry is very experienced. Impressive how he has memorized specific sections of regulations. Ricardo has great trial experience. He shed a lot of light on how these cases will turn out. Larry is very experienced/has thorough knowledge of the area. Knows everything.”

“I was impressed with the content. This is exceeded my expectation that it would be a basics only discussion.”

“Well-organized and informative program.”

“Michael Bidart was very detail oriented and knowledgeable.”

“Good use of examples to illustrate the points made in Ricardo’s presentation; clearly and effectively communicated.”

“Larry Golub had broad knowledge of the area and skillfully applied concepts to current issues.”

“Ricardo has a great presence. Easy and clear to understand. Relatable/understandable references.”

“Program was informative and interesting and provided a good overview of first party insurance claims.”

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

“Very satisfied.”

“It is great!”

“The speakers were great. Very informative.”

“Well-done.”

“Informative!”

 

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.


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

Harry Chamberlain is a Shareholder of Buchalter, an Am Law 150 firm, with eleven Western U.S. offices. For over 40 years, he has served as trial and appellate counsel for Fortune 500 companies, and a variety of public and private sector clients in complex litigation matters. 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 the California Supreme Court and the highest courts of other states.                                                           

Before joining Buchalter, Harry was general counsel for California‐based professional liability insurers, and managed the law department of a national group of commercial insurance and financial service companies. He is past president of California Defense Counsel and the Association of Southern California Defense Counsel, preeminent associations of civil defense trial and appellate lawyers. He writes and lectures widely on topics regarding complex litigation, professional responsibility 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.


Peter S. Selvin, Esq.
Partner
Ervin Cohen & Jessup LLP

Peter S. Selvin, Partner and Chair of ECJ’s Insurance Coverage and Recovery Department, is a seasoned lawyer who represents policyholders in connection with insurance coverage and recovery efforts principally in the Property and Casualty, Professional Liability, Directors of Officers, Commercial General Liability and Cyber-insurance areas. Peter has also served as an expert witness in connection with insurance issues. Since 2007 Peter has been annually listed in “Best Lawyers in America”® for both Insurance Law and Commercial Litigation. He has also been listed since 2007 as a Southern California “Super Lawyer” by Law and Politics, Inc. He has consistently maintained the highest (“AV”) rating with Martindale-Hubbell. His policyholder clients have included publicly traded and privately held companies as well as individuals. Peter also represents Marsh, the world’s leading insurance brokerage and risk management company, in connection with insurance-related litigation. 

Peter has written and lectured extensively on insurance coverage and recovery issues, especially in the areas of Directors and Officers Liability Insurance and Cyber-Insurance. 

Peter’s career highlights include his graduation from UCLA law school in 1980 and his affiliation, first as an associate and then as a partner, with the Los Angeles office of Loeb & Loeb, where he specialized in insurance coverage and business litigation. 

Peter has published numerous articles concerning insurance coverage and recovery in such publications, and with such organizations, as The D&O Diary, Risk & Insurance, the International Bar Association, the Association of Business Trial Lawyers, Executive Counsel, the Los Angeles Daily Journal and the American Bar Association.

Peter has been a panelist for the California Lawyer’s annual Cybersecurity Roundtable. He has also given presentations and webinars on insurance topics for such organizations as the Beverly Hills Bar Association, the Risk Insurance Managers Society (RIMS), Strafford Publications, The Knowledge Group and Litigation Counsel of America. Peter is also the author of The California Insurance Law Commentary blog. 


Susan P. White, Esq.
Special Counsel
Buchalter

Susan White is an experienced commercial litigation attorney with a specialty in insurance recovery.  Ms. White represents corporate and individual policyholders and has recovered millions in insurance proceeds on their behalf in all types of complex litigation against their insurers.  She is able to think out of the box, using creative and strategic approaches to both find and maximize insurance coverage for her policyholder clients.

Throughout her 30 years of practice, she regularly has represented a wide variety of clients on numerous insurance coverage issues and has resolved complex insurance matters through settlement, arbitration or trial.  Ms. White has extensive experience with complex insurance matters. 

Ms. White counsels clients operating in a wide range of industries, including healthcare, pharmaceutical, retail, manufacturing, telecommunications, software and Internet technology, financial services, entertainment, and real estate.

Acting as insurance coverage counsel, Ms. White also represents companies in bankruptcy and advises trustees for bankrupt estates in connection with the recovery of insurance assets for the estate. She also provides risk management guidance to clients to maximize the coverage provided by insurance policies. Additionally, Ms. White speaks regularly on various insurance coverage issues.


Jennifer Yu Sacro, Esq.
Partner
Sacro & Walker LLP

 Jennifer Yu Sacro’s practice focuses on general and complex litigation in state and federal courts.  She has broad-based experience representing businesses and individuals in litigation arising out of commercial contracts, insurance coverage and related bad faith claims, employment relationships, commercial real estate transactions, unfair competition and business practices, and class actions. Her clients have included businesses in the insurance, real estate, food and beverage, franchise, healthcare and entertainment industries. She is frequently engaged to serve as lead counsel for major insurers in complex, multi-party coverage litigation throughout the country.  Ms. Sacro also is experienced in corporate law, having advised corporations, partnerships and limited liability companies on corporate governance matters.

Ms. Sacro is admitted to practice before all California state courts, as well as before the Ninth Circuit Court of Appeals and the United States District Court for the Central, Eastern and Northern Districts of California.  She has received a Martindale-Hubbell® AV Preeminent peer rating and is licensed by the California Department of Real Estate as a broker.


Additional Faculty to be Announced Soon

Fees

Register by March 6th and save $25 on each registration
with the Early Bird rate.

Your discount is automatically applied at checkout – no coupon needed.

Pre-order the Recorded Package of this program when you register for only $99 (download) or $105 + tax in CA (DVD/CD) (attendee special only).

Registration fees are per person.

Individual: $429
Early Bird registration: $404

Group: $404 per person for 2 or more from the same company pre-registering at the same time.
Early Bird registration: $379

Government employee/Legal Aid* Rate: $380
Early Bird registration: $355

Law Student*/Paralegal Rate: $240
Early Bird registration: $215

*Your discount is automatically applied at checkout.

 

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 about a week 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 submit your law school information in the comments box when you register.

** 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 are available for Legal Aid attorneys, based upon registration. Please call (877) 858-3848 to discuss or email your request to info@pincusproed.com.

 

CLE Credits

CA General:  This program is approved for 6.50 units of general CLE in California.

NY General: This course is approved for CLE, under New York’s CLE Approved Jurisdiction policy, for 6.50 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.

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.

$215.00$404.00 each

April 16 & 18, 2024 | Two-Part Webinar

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