Insurance Law

4.33

Insurance Claim Delays, Denials, and Underpayment: Dirty Tactics and Bad Faith

Credits Available
Credit Status Total
Alaska CLE Approved 6 Total
Arizona CLE Approved 6 Total
California CLE Approved 6 Total
Colorado CLE Approved 7 Total
Connecticut CLE Approved 6 Total
Delaware CLE Approved 6 Total
Hawaii CLE Approved 6 Total
Idaho CLE Upon Request 6 Total
Illinois CLE Approved 6 Total
Maine CLE Approved 6 Total
Minnesota CLE Approved 6 Total
Missouri CLE Approved 6 Total
Northern Mariana Islands CLE Approved 6 Total
Montana CLE Approved 6 Total
North Dakota CLE Approved 6 Total
Nebraska CLE Approved 6 Total
New Hampshire CLE Approved 6 Total
New Mexico CLE Approved 6 Total
Nevada CLE Approved 6 Total
New York CLE Approved 7 Total
Oklahoma CLE Approved 7 Total
Oregon CLE Approved 6 Total
Pennsylvania CLE Approved 6 Total
Vermont CLE Approved 6 Total
Washington CLE Approved 6 Total
Wisconsin CLE Approved 7 Total
West Virginia CLE Approved 7.2 Total
OnDemand
5 hours 58 minutes
F. Inge Johnstone
Thierry Barkley
Angela Caine
With F. Inge Johnstone from Johnstone Trial Law LLC + 2 others
Recorded April 22, 2024
Product ID 98419

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Overview

Spot Mistakes, Counter Tricks, and Check Bad Faith Tactics

Many insurers try to walk a strategic tightrope. But mistakes can be made, and the drive to keep payouts down can lead some to engage in overly aggressive or bad faith tactics. Do you know how to counter common strategies? Can you confidently spot when an adjuster makes an honest error or takes things too far? In this program, seasoned faculty will teach you how to distinguish between valid strategy and misconduct, and how to maximize claim value by combating common tactics. Enhance your knowledge and skills - register today!

  • Get a strong grasp of claims handling rules and industry standards so you can spot deviations.
  • Understand what adjusters do vs. don't have a right to receive when investigating claims.
  • Dig into the tactics insurers use to negotiate and minimize claims.
  • Find out what to do when adjusters discount evidence, estimates, and bills.
  • Counter delay tactics meant to break you down or push claims past the statute of limitations.
  • Recognize loopholes and technicalities that are used to deny benefits.
  • Know what can be done when claims are denied because of errors or misrepresentations.
  • Bring it to court - pick up insurance coverage and bad faith litigation tactics.

Abbreviated Agenda

  1. Investigation Tactics, Delays, and Inadequacies
  2. Valuation and Negotiation Techniques Used to Minimize Payout
  3. Adjusting Software, AI, and More - Will Technology Open the Doors to Bad Faith?
  4. Problematic Strategies Used to Deny Claims and Coverage
  5. When Claims Are Denied Due to Errors or Misrepresentations
  6. Insurance Coverage and Bad Faith Litigation in a Nutshell
  7. Legal Ethics

Related Topics

Product ID 98419

Credit Details

Credits Available
Credit Status Total
Alaska CLE Approved 6 Total
Arizona CLE Approved 6 Total
California CLE Approved 6 Total
Colorado CLE Approved 7 Total
Connecticut CLE Approved 6 Total
Delaware CLE Approved 6 Total
Hawaii CLE Approved 6 Total
Idaho CLE Upon Request 6 Total
Illinois CLE Approved 6 Total
Maine CLE Approved 6 Total
Minnesota CLE Approved 6 Total
Missouri CLE Approved 6 Total
Northern Mariana Islands CLE Approved 6 Total
Montana CLE Approved 6 Total
North Dakota CLE Approved 6 Total
Nebraska CLE Approved 6 Total
New Hampshire CLE Approved 6 Total
New Mexico CLE Approved 6 Total
Nevada CLE Approved 6 Total
New York CLE Approved 7 Total
Oklahoma CLE Approved 7 Total
Oregon CLE Approved 6 Total
Pennsylvania CLE Approved 6 Total
Vermont CLE Approved 6 Total
Washington CLE Approved 6 Total
Wisconsin CLE Approved 7 Total
West Virginia CLE Approved 7.2 Total
Select Jurisdiction
CLE

Agenda

All times are shown in

  1. Investigation Tactics, Delays, and Inadequacies

    1. Rules and Industry Standards
    2. Requesting Unnecessary Documentation: What Adjusters Do vs. Don't Have a Right to Receive
    3. Delayed or Extended Investigations
    4. Inadequate Investigations
    5. Leading Claimants Into Statements
    6. Examinations Under Oath: Insurance Company Tactics
    7. Hiring Investigators and Biased Experts
    8. Lack of Contact and Withholding Information

  2. Valuation and Negotiation Techniques Used to Minimize Payout

    1. Claim Valuation and Reserve Insights
    2. Discounting Evidence, Estimates, and Bills
    3. Using Pre-Existing Conditions and Other Arguments to as an Excuse for Low Offers or Denials
    4. Low-Balling and Hardball Negotiation Tactics
    5. Delay Tactics, Including Switching Adjusters
    6. Settlement Agreement Traps
    7. Paying Partial Benefits
    8. Mishandling Claims in Excess of Policy Limits

  3. Adjusting Software, AI, and More - Will Technology Open the Doors to Bad Faith?

  4. Problematic Strategies Used to Deny Claims and Coverage

    1. Rules and Industry Standards
    2. Reservation of Rights
    3. Refusal to Defend and Indemnify
    4. Interpretation Issues; Misapplying Exclusions
    5. Using Loopholes and Technicalities
    6. Contesting Coverage Due to Timing of Notice, Cooperation Issues, Etc.

  5. When Claims Are Denied Due to Errors or Misrepresentations

    1. By the Agent/Broker
    2. By the Adjuster
    3. By the Policyholder/Claimant

  6. Insurance Coverage and Bad Faith Litigation in a Nutshell

    1. Pre-Suit Pointers
    2. Declaratory Judgment Actions
    3. Breach of Contract vs. Bad Faith
    4. Effective Pleadings
    5. Discovery and Deposition Tips
    6. Creatively Using Motions
    7. Trial Techniques

  7. Legal Ethics

    1. Conflicts of Interest
    2. Negotiations: Valid Strategy vs. Misconduct
    3. Attorneys' Fees
    4. Preserving Confidentiality and Privilege
    5. Litigating Ethically

Who Should Attend

This program is designed for attorneys. Paralegals may also benefit.

Speakers

F. Inge Johnstone
F. Inge
Johnstone
Johnstone Trial Law LLC
Thierry V Barkley
Thierry V.
Barkley
Gordon Rees Scully Mansukhani, LLP
Angela G Caine
Angela G.
Caine
Grace Caine International
Speaker bio
F. Inge Johnstone

F. Inge Johnstone

Johnstone Trial Law LLC
F. Inge Johnstone

is an attorney with Johnstone Trial Law LLC located in Vestavia Hills, Alabama. He focuses his practice on matters involving insurance disputes, business disputes, fraud, personal injury, maritime injuries and property litigation. Mr. Johnstone earned his B.S. degree from the University of Alabama and his J.D. degree from the University of Alabama. He is a member of the Birmingham Bar Association, Alabama State Bar, Alabama Association of Justice, and American Association of Justice.

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Speaker bio
Thierry V Barkley

Thierry V. Barkley

Gordon Rees Scully Mansukhani, LLP
Thierry Barkley

is a partner with Gordon Rees Scully Mansukhani, LLP, where he concentrates his practice in insurance work including life, health, disability, ERISA, coverage opinions, defense of bad faith litigation, errors and omissions, and complex litigation. Mr. Barkley is admitted to practice in Nevada since 1980 and before the U.S. District Court District of Nevada, U.S. Court of Appeals Ninth Circuit and U.S. Supreme Court. He is a member of the State Bar of Nevada, Washoe County Bar Association and Defense Research Institute. Mr. Barkley earned his B.A. degree from the University of California Los Angeles and his J.D. degree from California Western School of Law.

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Speaker bio
Angela G Caine

Angela G. Caine

Grace Caine International
Angela Caine

is the owner of Grace Caine Internationbal in Mobile, Alabama. Her main areas of practice include civil litigation and personal injury. Ms. Caine is admitted to practice in Alabama. She is an experienced trial lawyer who has tried many cases. Ms. Caine earned her B.A. degree from Vanderbilt University and her J.D. degree from Samford University Cumberland School of Law.

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