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Insurance bad faith claims can increase litigation risks for insurers. The claims are often tort rather than contract based. In some jurisdictions, even punitive damages are in play. Where possible, it is advisable that insurers try to eliminate such claims before trial, or determine whether they will face a bad faith claim before a jury. In many cases, there are opportunities for an insurer to try to defeat bad faith claims as a matter of law, on a motion to dismiss or demurrer, motion for summary judgment, or motion in limine.
This program explores techniques for litigating bad faith cases with an eye towards having the bad faith claim determined as a matter of law.
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