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About the Course
Introduction
This CLE course will discuss and explore the mechanics of what's been called the bad faith "set-up" in insurance litigation. Both first-party and third-party claim scenarios will be reviewed and detailed, along with many of the tactics commonly associated with set-up allegations. The program will also analyze recent case law in different jurisdictions addressing this controversial issue.
Description
Insurer counsel must be able to identify and avoid bad faith set-up situations. Counsel for claimants and policyholders meanwhile must be cognizant of the relevant case law, insurer tactics in response, plus recent cases that simply reject the concept of the set-up at all.
Listen as our authoritative panel of insurance practitioners discusses this important and evolving topic and the high stakes litigation that often ensues, analyzing recent case law in different states. Our panel will explain the tactics used in, methods of, and red flags indicating, so-called "bad faith set-up" through first-party and third-party scenarios.
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This 90-minute webinar is eligible in most states for 1.5 CLE credits.
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Live Online
On Demand
Date + Time
- event
Wednesday, February 26, 2020
- schedule
1:00 p.m. ET./10:00 a.m. PT
- The bad faith set-up demystified
- Is there really such a thing as a "set-up"? Does the concept of a set-up even exist?
- Recent case law
- Common tactics and red flags
- Insurer best practices: diagnosis and avoidance
- Claimant pitfalls: when attorney actions are challenged as a bad faith set-up attempt
- Alert! The new frontier: other potential extra-contractual causes of action against insurers
The panel will review these and other key issues:
- What are the typical "red flags" that may indicate a bad faith set-up is in the works?
- How can insurers best avoid bad faith set-up attempts?
- What are the pitfalls for claimants whose actions are challenged as a bad faith set-up attempt?
- When have insurers pursued the doctrine of bad faith set-up, and how have courts treated these arguments?
- What are other potential causes of action?
- Can insurer defenses be set up too?
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