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Overview
Spot Bad Faith Conduct and Defend Your Clients' Rights in the Courtroom
What constitutes bad faith? How do you differentiate between valid claims and those that lack merit? Unlock a comprehensive understanding of insurance bad faith in this focused, 6-hour course. From foundational principles to litigation essentials, this course provides critical insights into navigating bad faith claims and grasping the interplay of industry standards, case law, and procedural nuances. Build the knowledge to confidently identify bad faith conduct and learn how to handle these unique cases - register today!
- Differentiate between first-party and third-party bad faith claims.
- Define the concept of "reasonableness" through the lens of different examples and case law.
- Know what to look for when investigating a potential bad faith claim.
- Analyze key defenses insurance companies use to counter bad faith claims.
- Learn how to get the discovery you are entitled to in bad faith litigation.
- Break down the different damages available in bad faith cases.
Abbreviated Agenda
- Bad Faith Essentials
- Areas of Controversy in Bad Faith Claims: Defining "Reasonable" Through Case Law and Examples
- Investigating and Filing a Bad Faith Claim
- Discovery in Bad Faith Litigation
- Bad Faith Damages and Excess Judgment Liability
- Motion Practice and Trial Insights
Credit Details
Credits Available
| Credit | Status | Total | Until |
|---|---|---|---|
| California MCLE Paralegal |
|
6 Total | 09-09-2027 |
| Alaska CLE |
|
6 Total | 09-09-2027 |
| Arkansas CLE |
|
6 Total | 06-30-2026 |
| Arizona CLE |
|
6 Total | 09-09-2027 |
| California CLE |
|
6 Total | 09-09-2027 |
| Colorado CLE |
|
7 Total | 12-31-2027 |
| Connecticut CLE |
|
6 Total | 09-09-2027 |
| Delaware CLE |
|
6 Total | 09-09-2027 |
| Florida CLE |
|
7 Total | 03-31-2027 |
| Georgia CLE |
|
6 Total | 12-31-2026 |
| Hawaii CLE |
|
6 Total | 09-09-2027 |
| Iowa CLE |
|
6 Total | 09-09-2026 |
| Idaho CLE |
|
6 Total | 09-09-2030 |
| Illinois CLE |
|
6 Total | 09-08-2027 |
| Indiana CLE |
|
6 Total | 09-09-2026 |
| Kansas CLE |
|
7 Total | 09-08-2026 |
| Kentucky CLE |
|
6 Total | 06-30-2026 |
| Louisiana CLE |
|
6 Total | 09-09-2026 |
| Maine CLE |
|
6 Total | 09-08-2027 |
| Minnesota CLE |
|
6 Total | 09-09-2027 |
| Missouri CLE |
|
6 Total | 09-09-2027 |
| Northern Mariana Islands CLE |
|
6 Total | 09-09-2027 |
| Mississippi CLE |
|
6 Total | 07-31-2026 |
| Montana CLE |
|
6 Total | 09-09-2028 |
| North Dakota CLE |
|
6 Total | 09-09-2028 |
| Nebraska CLE |
|
6 Total | 09-09-2027 |
| New Hampshire CLE |
|
6 Total | 09-09-2028 |
| New Mexico CLE |
|
6 Total | 09-09-2027 |
| Nevada CLE |
|
6 Total | 09-09-2028 |
| New York CLE |
|
7 Total | 09-09-2028 |
| Oklahoma CLE |
|
7 Total | 09-09-2027 |
| Oregon CLE |
|
6 Total | 09-09-2028 |
| Pennsylvania CLE |
|
6 Total | 09-09-2027 |
| Rhode Island CLE |
|
6 Total | 06-30-2026 |
| Tennessee CLE |
|
6 Total | 09-08-2027 |
| Texas CLE |
|
6 Total | 08-31-2026 |
| Virginia CLE |
|
6 Total | 10-31-2026 |
| Vermont CLE |
|
6 Total | 09-09-2027 |
| Washington CLE |
|
6 Total | 09-08-2030 |
| Wisconsin CLE |
|
7 Total | 12-31-2026 |
| West Virginia CLE |
|
7.2 Total | 09-09-2027 |
| Delaware Certified Paralegal Program |
|
6 Total | 09-09-2026 |
| Florida Registered Paralegal |
|
6 Total | 03-31-2027 |
| Indiana Paralegal CLE |
|
6 Total | 09-09-2026 |
| Montana CLE Credit for Paralegals |
|
6 Total | 09-09-2027 |
| New Mexico Paralegal Division, State Bar of |
|
6 Total | 09-09-2027 |
| Ohio Certified Paralegals |
|
6 Total | 09-09-2026 |
| NFPA |
|
0 Total | 09-09-2026 |
| Texas State Bar of Paralegal Division |
|
6 Total | 09-09-2027 |
Select Jurisdiction
CLE
Paralegal
Agenda
-
Bad Faith Essentials
- Duty of Good Faith and Fair Dealing
- Elements of Bad Faith
- First-Party Insurance Bad Faith Claims
- Third-Party Insurance Bad Faith Claims
- Common Examples of Bad Faith
-
Areas of Controversy in Bad Faith Claims: Defining "Reasonable" Through Case Law and Examples
- Role of Industry Standards and Regulatory Frameworks
- Claims Handling and Investigations: What Is a Justifiable Timeline and Process?
- "Reasonable" Settlements
- Reasonableness of Denying a Claim
-
Investigating and Filing a Bad Faith Claim
- Initial Client Consultation
- Investigating a Bad Faith Claim
- Assignment of Rights
- Filing the Claim
- Defenses to Bad Faith Claims
-
Discovery in Bad Faith Litigation
- Attorney-Client Privilege and Work Product Doctrine
- Discovery of Claims Files, Claims Handling Guidelines, and Other Documents
- Claims History and Patterns of Denials
- Emails, Texts, and Other Electronic Records
- Expert Opinions
- Depositions of Claims Adjusters: Key Areas of Inquiry and Questions to Ask
-
Bad Faith Damages and Excess Judgment Liability
-
Motion Practice and Trial Insights
- Motions to Dismiss or Resolve the Case Early
- Motions Regarding Evidence and Trial Procedures
- Trial Preparation Pointers
- Juror Biases in Bad Faith Cases and Questions to Draw Them Out
- Quick Tips for Taking the Bad Faith Case to Trial
Who Should Attend
This program is designed for attorneys. Insurance professionals and paralegals may also benefit.
Speakers
Speaker bio
Robert L. Tucker
is a founding partner of HCP, currently serving in an of counsel capacity. He has represented both insurers and policyholders and holds an LL.M. degree in insurance law from the University of Connecticut. He is certified as a specialist in Insurance Coverage Law by the Ohio State Bar Association, and has taught Insurance Law as an adjunct professor at the University of Akron School of Law since 1999. A noted author and speaker, Mr. Tucker's published articles have been cited by federal and state courts across the nation, and in more than 60 scholarly articles that reference his work. In addition to his academic lectures, has often spoken at continuing legal education seminars for attorneys, paralegals, and insurance claim professionals. Mr. Tucker has also served as a consulting and as a testifying expert witness in the area of claims-handling practices. He has received the UA Law Alumni Publications Award twice (2012 and 1999) and was invited by the Ohio Supreme Court to mentor in the Lawyer-to-Lawyer Mentoring Program through 2011. Mr. Tucker was recognized as the 2005-2006 Committee Chair of the Year by the Akron Bar Association and is a fellow of the Akron Bar Association Foundation. In 2008, he received the Friend of Legal Education Award from the Ohio State Bar Association and, in 2010, the John R. Quine Outstanding Adjunct Faculty Award. Mr. Tucker has maintained an "AV" rating from Martindale-Hubbell and has been named an Ohio Super Lawyer in the field of insurance coverage since 2008.
Speaker bio
Aaron Dawson
is an attorney at Dawson & Rosenthal, P.C. committed to representing individuals against powerful corporations, government entities, and individuals. After passing the California and Oregon bar exams in 2012, Mr. Dawson initially ran his own law practice before joining the Eviction Defense Collaborative in San Francisco in 2016. As senior litigation counsel, he represented tenants in over 75 eviction cases, providing vital legal support for those facing housing instability. In 2021, Mr. Dawson joined Dawson & Rosenthal, where he focuses on challenging insurance companies that wrongfully deny claims. His practice includes a wide range of litigation and trial work, holding corporations accountable for their actions. Mr. Dawson earned his J.D. degree from Santa Clara University School of Law in 2011, where he won numerous oral advocacy awards, including Best Oralist at the National Environmental Law Moot Court Competition. He also served as co-president of the Environmental Law Society and earned recognition for his academic and pro bono work. Mr. Dawson earned his B.A. degree from Lewis & Clark College; and is licensed to practice law in Arizona, California and Oregon.
Speaker bio
Neal J. Favret
is the owner of the Law Offices of Neal J. Favret based in New Orleans, Louisiana. After 25 years of mainly representing insurance companies, he now focuses on representing claimants in personal injury matters and general civil litigation. He is a member of the American Bar Association, the Louisiana State Bar Association, and the New Orleans Bar Association. Mr. Favret was admitted to the Louisiana Bar in 1996 and is admitted to practice in all Louisiana state courts; the United States District Courts for the Eastern, Middle and Western districts of Louisiana; the United States Fifth Circuit Court of Appeals; and the United States Supreme Court. He earned his B.Ed. degree from University of New Orleans and his J.D. degree, cum laude, from Loyola University School of Law, where he was a member of the Loyola Law Review. Mr. Favret has spoken at numerous legal seminars on various topics, including premises liability, claims handling practices, loss prevention, ethics and professionalism.
Speaker bio
Alexandra Dawson
is an experienced attorney at Dawson & Rosenthal, P.C. with a diverse legal background, currently focusing on civil litigation and insurance claims. She earned her Bachelor of Arts degree from the University of San Francisco in 2011 and went on to receive her Juris Doctor from California Western School of Law in 2015. After passing the California and Arizona bar exams in the same year, Ms. Dawson began her career in criminal defense, where she handled hundreds of felony cases and participated in numerous jury trials over the course of four years. This experience provided her with invaluable trial skills and a deep understanding of the criminal justice system. In 2020, Ms. Dawson transitioned to civil litigation, specifically practicing employment law, before joining Dawson & Rosenthal. At Dawson & Rosenthal, her practice now focuses on taking on insurance companies that wrongfully deny claims in pursuit of profit, advocating for individuals who have been unfairly treated by these powerful institutions. Ms. Dawson's career is defined by her strong commitment to justice and her dedication to ensuring that her clients receive the support and compensation they deserve. She is licensed to practice law in both California and Arizona.
Speaker bio
Robert D. Trzynka
is an experienced litigator with the Halbach|Szwarc Law Firm in Sioux Falls, South Dakota, with a focus on personal injury, commercial, estate, and domestic matters. He obtained his undergraduate degree from Harvard University and a Master's of Science degree in Information Systems from Dakota State University. After spending a decade developing software in the tech industry, Mr. Trzynka pursued his legal education at the Knutson School of Law at the University of South Dakota. Mr. Trzynka began his legal career with Mike Abourezk, concentrating exclusively on plaintiff-focused insurance bad faith cases. During his time with Abourezk, Mr. Trzynka played a key role in securing a $34.25 million verdict against a long-term care insurance carrier. He has since been involved in numerous high-profile cases, including thirty-six fraud cases against a spine surgeon and hospital system, and an invasion of privacy case recognized by the Argus Leader as one of the ten most important South Dakota Supreme Court decisions of 2022. Additionally, Mr. Trzynka achieved a $1.8 million contempt judgment in a family law dispute, marking one of the largest contempt judgments in South Dakota history. Mr. Trzynka has litigated numerous bad faith lawsuits at both the state and federal level in various jurisdictions.
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