2018 EC Defense Network Complimentary Webinar Series - January
Not Out of Woods Yet: Bad Faith Claims Arising from Post Coverage Litigation ActivityPresented by
Eliot Harris, Williams Kastner & Gibbs, PLLC
and Clifford Masch, Reminger Co., L.P.A.
While the majority of bad faith claims arise from events that occur prior to the filing of coverage litigation, policyholders have increasingly made efforts to assert bad faith claims derived, in whole or in part, from actions or inactions taken by an insurer after coverage litigation has been initiated. Such post coverage litigation bad faith allegations could involve such areas as: conduct by the insurer’s counsel during coverage litigation; coverage investigation that takes place following coverage litigation; or settlement positions taken in the underlying case either during or following coverage litigation. EC Defense Network Members Eliot Harris and Cliff Masch will discuss various ways that post coverage litigation activity can give rise to potential bad faith claims and offer ways to avoid and limit insurer’s liability for such claims.