Agenda

1. Alabama Bad Faith Law Update and Hotly Contested Claims/Case Law

   1. Trends, New Legislative Initiatives
   2. Hotly Contested Claims and Case Law in Bad Faith
   3. Expert Advice on the Insurance Code and Regulation Update
   4. Privilege and Work Product Doctrine in Bad Faith Litigation
   5. Q&A

2. Applying the Latest Case Law: Skillfully Interpreting The Policy, Language, Terms, and Coverage

   1. Discovery Requests Directed to the Insurance Company and Adjuster
   2. Was the Duty to Defend Triggered?
   3. Deliberate Misinterpretation of Policy Language
   4. Deny or Disclaim of Coverage
   5. Disclosure of Policy Limits; Explanation of Applicable Provisions
   6. Explanation of Exclusions in the Policy
   7. Reservation of Rights Defense Strategies
   8. Evidence of Excess Verdict Bad Faith
   9. Bad Faith Without Coverage

3. Specific Issues Arising in Coverage Investigation

   1. Issues With Multiple Claimants or Defendants
   2. Digging Deep into the History of the Claimants (Previous Claims, Financial Status, Etc.)
   3. Common Claimant Pitfalls
   4. Fraud by Insured?

4. Strategic Discovery of Claims Handling: Secrets Insurance Adjusters Don't Want You to Know

   1. Avoiding Payment of Claim
   2. Failure to Properly Investigate (Proper Procedures, etc.)
   3. Failure to Settle or Resolve Claim; Coercive Tactics to Settle the Claim
   4. Use of Improper Standards to Deny or Denial of Claim
   5. Unreasonable Demands for Proof of Loss

5. Institutional Bad Faith: Industry Standards, Carrier Compensation Programs, Claims Process, Case Law, and More

   1. Discovery of Industry Standards
   2. Policies, Procedures, Guidelines, and "General Business Practice"
   3. Carrier Compensation Programs
   4. Carrier and Claim Department Relationship
   5. "Pattern and Practice" Discovery
   6. Advertising/Marketing Documents
   7. Claim Audits, Claims Paid by Carrier
   8. Insurance Carrier Recidivism

6. Adjuster and Bad Faith Expert Witness Deposition and Examination Tactics

   1. Plaintiff's Lawyer's Ex Parte Communications With the Adjuster
   2. Duties and Obligations Owed by Adjuster/Insurance Company
   3. Training Documents/Training Received
   4. Evidence That Proves Violation of Industry Standards
   5. Malicious/Oppressive/Fraudulent Behavior
   6. Proving Advance Knowledge and Conscious Disregard
   7. Authorization of the Employee's Acts? Repeated Actions?

7. Bad Faith and Punitive Damages: Tactics to Maximize/Minimize

   1. Contract Damages
   2. Bad Faith Damages
      1. Economic Damage vs. Emotional Distress
      2. Attorneys' Fees
      3. Prejudgment Interest
   3. Punitive Damages
      1. Pleading the Case to Recover Punitive Damages
      2. Repeated Actions
      3. Intentional Malice, Trickery, or Deceit
      4. Physical vs. Economic Harm