Course Descriptions

Institutional Bad Faith & Written Discovery

The course, "Institutional Bad Faith & Written Discovery," contains content designed to enhance the knowledge, understanding, and/or professional competence of the student regarding insurance principles and coverages; applicable laws, and rules; recent and prospective changes in coverages; and technical policy provisions.

"Institutional Bad Faith & Written Discovery" explores three complex areas of bad faith litigation. These areas include (1) an overview from a tactical perspective of the institutional bad faith claim, (2) written discovery and practice tips on dealing with the unique discovery arising with these claims, and (3) electronic discovery in the institutional bad faith arena.

The course begins with an introduction to institutional bad faith. The claim is defined and the tactical purposes of policyholder's counsel in making such a claim are explored.

The program then covers written discovery in this type of litigation, which can be massive. Presenters talk about the economic theories related to this discovery and practical methods that may be utilized to effectively cope and respond in a timely and appropriate fashion.

Finally, the program focuses on e-discovery in institutional bad faith litigation. This portion of the program covers important court rulings and federal court rules that provide guidance on appropriate steps that must be taken to avoid spoliation of evidence.

After completing the course, the student will recognize the characteristics of an institutional claim verses a simple bad faith claim and how to prepare accordingly. The student will be able to communicate about how to prepare for and best respond to the heavy burden of discovery in institutional bad faith litigation. Finally, he or she will be able to respond appropriately and communicate with others in the defense team concerning the preservation of electronic evidence in order to avoid spoliation problems. The course is designed for adjusters, managers, attorneys, and other insurance claims professionals involved in the area of first-party property insurance coverage and litigation.