Bad Faith and Third-Party Claims Hot Topics: Claims adjuster depositions, and insurance policy rescission after a claim is filed

Guy Kornblum
Bradley A. Levin
Mark Vespole
Guy Kornblum | Guy O. Kornblum, APLC
Bradley A. Levin | Levin Sitcoff PC
Mark Vespole | Wilson Elser Moskowitz Edelman & Dicker LLP

On-Demand: December 20, 2022

Bad Faith and Third-Party Claims Hot Topics: Claims adjuster depositions, and insurance policy rescission after a claim is filed

$245.00 3 hour CLE

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Program Summary

Session I – Claims Adjusters Depositions in Bad Faith Cases – Guy O. Kornblum, and Bradley A. Levin

Our panelists will discuss the key areas to cover in taking the depositions of insurance claims personnel in insurance coverage cases with bad faith allegations. They will emphasize sensitive areas that are often the subject of objections and instructions not to answer. They will also cover issues pertaining to privilege objections and the merits of such. Also, they will discuss how to get around objections that may be raised by defense counsel.

Key topics to be discussed:

  • Discovery before depositions
  • Reviewing the claims file
  • Identifying key claims handlers
  • Pinpointing levels of authority? Are they “real”
  • Claims settlement intimidation
  • Who has decision making authority
  • Who really was involved – the “silent” claim person
  • Rewards for claims settlements
  • The Five Key Questions You Must Ask
  • Depositions vs. Trial
    • Get commitments
    • Don’t let off the hook
    • Who made the decisions
    • Get all bases for decisions
    • BE sure you get complete answers
  • Set up for Trial Testimony

Session II – Remedy of rescission based upon material misrepresentations in the application for various types of insurance policies – Mark Vespole

This CLE will focus on the remedy of rescission based upon material misrepresentations in the application for various types of insurance policies, including life/health/disability, commercial general liability, professional liability, automobile liability, homeowners' liability and Worker's Compensation. The program will run the gamut of the underlying rationale behind rescission, the elements for a cause of action of rescission, with some variations in different jurisdictions, as well as potential policyholder defenses to rescission.

Key topics to be discussed:

  • Basic elements of a cause of action for rescission
  • Misrepresentation
  • Materiality
  • Reliance and damages
  • Potential defenses of waiver
  • Ambiguity
  • Practical application of rescission lawsuits
  • Defenses thereto in cases from around the country

This course is co-sponsored with myLawCLE.

Date: December 20, 2022

Closed-captioning available

Speakers

Guy Kornblum | Guy O. Kornblum, APLC

GUY O. KORNBLUM is a principal in Guy O. Kornblum, a professional law corporation, with an office in San Francisco, California. He has specialized as a trial and appellate lawyer for over 45 years. The firm specializes in a wide range of civil litigation, including serious injury and wrongful death, financial and physical elder abuse, and all aspects of insurance including “bad faith” claims. Mr. Kornblum himself has handled over 4000 litigated matters to conclusion and has several million dollar plus cases to his credit. He has represented hundreds of clients, small businesses, individuals, and large Fortune 500 corporations during his over 40 years of practice. He is highly regarded for his courtroom and appellate skills, and his representation of his clients in mediations, where he has a strong track record of successful settlements.

Mr. Kornblum is certified in Civil Trial Law and Civil Pretrial Practice Advocacy by the prestigious National Board of Trial Advocacy, and is a Charter Fellow, American College of Board Certified Attorneys. He is also a Life Member of the Multi-Million Dollar and Million Dollar Advocate’s Forum, is a Charter Fellow of the Litigation Counsel of America Trial Lawyer Honorary; is a “Top 100” Trial Lawyer, and is listed in the 23d Edition of “The Best Lawyers in America.” He has been selected as a Super Lawyer each year since 2006, and is a Top Attorney in North America. Mr. Kornblum is the author of Negotiating and Settling Tort Cases: Reaching the Settlement, published by the Thomson Reuters Publishing Co 5th Ed 2021-2022.

Mr. Kornblum has qualified in both state and federal court as an expert witness on insurance claim handling, settlement value, negotiations, and on the standard of care applicable to lawyers in civil litigation.

 

Bradley A. Levin_ Levin Sitcoff Waneka PC._FedBarBradley A. Levin | Levin Sitcoff PC

Bradley A. Levin, a shareholder in the Denver law firm Levin Sitcoff PC, focuses his practice on tort and commercial litigation, especially insurance bad faith and insurance coverage disputes. He has significant litigation and trial experience. His accomplishments include:

A seven figure settlement of a bad faith lawsuit against an insurance company for failing to defend a general contractor in a construction defect lawsuit.

A seven figure settlement of a lawsuit against an insurance company for failing to settle a lawsuit brought against a builder/developer by a homeowners association.
A seven figure settlement in a bad faith and negligence lawsuit regarding a failure to procure appropriate insurance coverage for a construction project.

$1,550,000 settlement of bad faith lawsuit against an insurance company arising out of the automobile insurance company’s failure to pay its $50,000 liability limits.

$3,000,000 settlement of a bad faith lawsuit against an insurance company for failure to defend a class action lawsuit.

Member of trial team Pipeline Strategies and Integrity, LLC v. National Union Fire Insurance Company of Pittsburgh.

Mr. Levin received his undergraduate degree from Stanford University, with distinction, where he was elected Phi Beta Kappa. He graduated from the University of California, Hastings College of Law, and served as editor-in-chief of the Hastings Constitutional Law Quarterly.

In addition to teaching legal writing and research at Hastings College of Law, Mr. Levin has lectured frequently in the areas of insurance coverage and bad faith law. He is licensed to practice in California and Colorado. He is a member of the Denver, Colorado and American Bar Associations. Mr. Levin belongs to the Colorado Trial Lawyers Association as well as the American Association of Justice. He serves on the Colorado Supreme Court Committee on Civil Jury Instructions. Mr. Levin also serves on the Board for National Jewish Health and the Colorado Lawyers Committee. He has also served as the Chair of the Mountain States Regional Board of the Anti-Defamation League of B’nai B’rith.

In 2015, Mr. Levin was awarded the Kenneth N. Kripke Lifetime Achievement Award by the Colorado Trial Lawyers Association. He has been selected by his peers as the 2016 Lawyer of the Year for Insurance Litigation in the The Best Lawyers In America®. He has been recognized by The Best Lawyers In America® 2005- 2019. He was recognized as a Top 10 Colorado Super Lawyer in 2018, and a Top 50 (now Top 100) Colorado Super Lawyer in 2011-2012, and 2014-2018. He has Martindale Hubbell’s highest AV rating as voted by his peers.

 

Mark Vespole | Wilson Elser Moskowitz Edelman & Dicker LLP

Mark Vespole is a trial lawyer who also counsels and represents financial institutions, insurers and corporations and their employees in high-profile cases. He draws on Wilson Elser’s deep resources and national footprint to handle large, multijurisdictional and complex cases expeditiously and cost effectively. Mark combines sophisticated legal strategies with the firm’s professional support to handle large-scale document processing and its technology resources to streamline communications and facilitate case management.

Working in close relationships with large carriers, Mark evokes the integrated “team” approach across Wilson Elser to advance business objectives. He draws on the collective experience and resources of the entire firm to realize desired legal outcomes. He is committed to resolving claims quickly and efficiently, accessing centralized resources and firmwide talent. This type of collaboration frequently provides innovative and cost-effective resolutions to the most complex legal issues.

Mark is frequently invited to author books, articles and expert commentaries and give presentations on issues relating to securities, insurance coverage and defense, professional liability and trial practice and significant cases pending in courts around the country, including the United States Supreme Court. He has authored or co-authored the Lexis-Nexis Practice Guides on New Jersey Civil Discovery (2007−2017 Editions), New Jersey Pretrial Practice (2007−2017 Editions), New Jersey Insurance Litigation (2008−2017 Editions), New Jersey Trial, Post-Trial and Appellate Proceedings (2007-2017 Editions, Chapter on Expert Witnesses), and the Lexis-Nexis Practice Guide on New Jersey Construction Litigation (published in mid-2016). Mark also has authored numerous expert commentaries on a wide variety of products liability, insurance and trial practice issues in decisions by the United States Supreme Court and state and federal courts around the country.

Agenda

Session I – Claims Adjusters Depositions in Bad Faith Cases | 2:00pm – 3:40pm

  • Discovery before depositions | 2:00pm – 2:10pm
  • Reviewing the claims file | 2:10pm – 2:15pm
  • Identifying key claims handlers | 2:15pm – 2:20pm
  • Pinpointing levels of authority? Are they “real” | 2:20pm – 2:30pm
  • Claims settlement intimidation | 2:30pm – 2:35pm
  • Who has decision making authority | 2:35pm – 2:40pm
  • Who really was involved – the “silent” claim person | 2:40m – 2:45pm
  • Rewards for claims settlements | 2:45pm – 2:50pm
  • The Five Key Questions You Must Ask | 2:50pm – 3:00pm

Break | 3:00pm – 3:10pm

  • Depositions vs. Trial | 3:10pm – 3:30pm
    • Get commitments
    • Don’t let off the hook
    • Who made the decisions
    •  Get all bases for decisions
    • BE sure you get complete answers
  • Set up for Trial Testimony | 3:30pm – 3:40pm

Session II – Remedy of rescission based upon material misrepresentations in the application for various types of insurance policies | 3:40pm – 5:20pm

  • Basic elements of a cause of action for rescission | 3:40pm -3:50pm
  • Misrepresentation | 3:50pm – 4:00pm
  • Materiality | 4:00pm – 4:10pm

Break | 4:10pm – 4:20pm

  • Reliance and damages | 4:20pm – 4:30pm
  • Potential defenses of waiver | 4:30pm – 4:40pm
  • Ambiguity | 4:40pm – 4:50pm
  • Practical application of rescission lawsuits | 4:50pm – 5:05pm
  • Defenses thereto in cases from around the country | 5:05pm – 5:20pm