In the high-stakes world of bad faith settlement negotiations, one misstep can make or break a case. Understanding the legal landscape, negotiation tactics, and leverage points is crucial whether you're representing policyholders or insurers. Join Anapol Weiss partner Marni Berger, a seasoned trial lawyer with over a decade of handling civil litigation and insurance coverage and bad faith disputes, for NBI’s online CLE session on March 6, 2025, from 11:00 AM to 12:00 PM Eastern Time.
📌 Registration Link: https://nbi-sems.com/products/100049
Berger’s in-depth presentation will equip attorneys attending the course with the tools to navigate these complex cases with confidence, including insights from key case law such as Rancosky v. Wash Nat’l Ins. Co., which clarified that proving statutory bad faith does not require showing "ill will" or "malice."
What You’ll Learn:
🔹 Gathering Evidence:
- Understanding statutory bad faith standards (42 Pa.C.S.A. § 8371) and key elements required to prove bad faith.
- Identifying insurer misconduct, including failure to communicate, inadequate claims evaluation, and misrepresentation of policy limits.
- Leveraging discovery strategies—how to counteract insurers’ efforts to conceal bad faith conduct.
🔹 Assessing Damages:
- Analyzing underwriting files, prior claims history, and internal communications to uncover improper claims handling.
- Understanding reserve evaluations and their role in settlement negotiations.
- Strategies for uncovering damaging claim notes and internal insurer discussions.
🔹 Demand Package Essentials:
- Crafting persuasive demand letters that highlight insurer unreasonableness, improper investigations, and failure to communicate.
- Key inclusions: policy details, evidence of damages, expert reports, and insurer delays.
- Using time-limited demands to apply pressure effectively.
🔹 Negotiation Techniques:
- Unpacking insurer motives—understanding when they seek settlement to avoid disclosure.
- Identifying lowballing tactics, unjustified delays, and frivolous defenses.
- Leveraging evidence of insurer misconduct to push for fair settlements.
🔹 Litigation Considerations:
- Overcoming discovery objections, including privilege claims, "fishing expedition" defenses, and relevance challenges.
- Addressing reverse bad faith defenses, where insurers attempt to blame policyholders for claim disputes.
- Understanding how the advice of counsel defense impacts bad faith claims and when privilege may be waived.
Why You Should Attend
This session will provide actionable insights, real-world examples, and tactical advice to strengthen your approach in bad faith negotiations. Whether you’re a seasoned litigator or new to the practice, this discussion will sharpen your skills and prepare you for the challenges ahead.
