Summary Judgment in Tag-Along Bad Faith Cases: Defending a Bad Faith Claim as a Matter of Law

This CLE course will provide critical insight to counsel for insurers facing tag-along bad faith claims on how to position a case for summary judgment. Our panel will discuss essential factors to consider during the claims investigation and discovery phases of litigation along with evidentiary proffers to support summary disposition of bad faith allegations, notwithstanding unresolved factual issues.

Bad faith cases present counsel for insurers with myriad challenges. The litigation is often protracted and convoluted and can result in awards that are less predictable and far more costly than their breach of contract counterparts. Practitioners representing insurers shoulder the responsibility for reducing their clients' exposure to these risks and often employ summary judgment as the primary tool for accomplishing this goal.

In bad faith litigation, however, positioning a case for summary disposition requires a deep understanding of how courts have addressed the issue, as well as how to leverage common scenarios giving rise to allegations of bad faith to demonstrate to a court that judgment as a matter of law is warranted. Counsel for the insurer must employ strategic investigative and discovery methods to bolster legal arguments that unmask a plaintiff's deficiencies in the individual elements of their claims and take full advantage of their burden to produce evidence showing that a reasonable jury could find against the defendant.

Listen as our panel of seasoned insurance defense attorneys provides deep insight into the most effective strategies for obtaining summary judgment for allegations of bad faith. The panel will explore techniques for capitalizing on evidentiary deficiencies during discovery and marshaling those circumstances into winning arguments based on current case law.