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Bad Faith Insurance: Legal Risks and Imperative Actions to Take


Level: Advanced
Runtime: 58 minutes
Recorded Date: September 26, 2022
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Agenda

• The Duty of Good Faith and Fair Dealing
• The Historical Development of "Bad Faith" Claims
• Common Law Claims vs. Statutory Claims
• Good Faith v. Bad Faith
• Bad Faith
        - Failure to Defend: Third Party Context
        - Triggering the Duty to Defend
        - Scope of Duty to Defend
        - Duty to Defend Example of Factual Resolution

Runtime: 1 hour
Recorded: September 26, 2022

For NY - Difficulty Level: For experienced attorneys only (nontransitional)
For NY - Difficulty Level: Experienced attorneys only (non-transitional)

Description

Several court decisions continue to shape bad faith insurance practices which could have a direct impact on the investigation, evaluation, and settlement initiation for bad faith claims. With the impending policy changes implicated by the recent Moody v. Federal Insurance Co. ruling, the landscape remains uncertain.

Legal practitioners and all concerned businesses should be well-versed with the developments in this field of law to avoid potential liabilities.

Listen as experienced insurance coverage litigators Michelle L. Burton (Burton Kelley, LLP) and Steven L. Miracle (Meissner Tierney Fisher & Nichols S.C.) provide the audience with an in-depth discussion of the recent regulatory trends surrounding bad faith insurance practices. Speakers, among other things, will offer practical tips and litigation strategies in this rapidly evolving legal climate.

This program was recorded on September 26, 2022.

Provided By

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Panelists

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Michelle L. Burton

Managing Partner
Burton Kelley, LLP

Michelle Burton is Managing Partner of Burton Kelley, LLP. Her decades of experience include complex coverage analysis, successful trial and appellate work, as well as client training in a range of subjects. Before forming Burton Kelley, she ran the successful practice of Shoecraft Burrton LLP for sixteen years, where she mentored Ms. Kelley. Ms. Burton has long-term clients who appreciate her tireless dedication to serving their legal needs and delivering consistently excellent legal results.

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Steve L. Miracle

Associate Attorney
Meissner Tierney Fisher & Nichols, S.C.

Steven L. Miracle is an attorney in Meissner Tierney’s litigation practice group. He primarily represents insurers and their insureds in a wide variety of civil matters involving both liability and insurance coverage issues for both personal and commercial lines. He also advises insurers on extra-contractual claims handling issues, including bad faith and duty to defend issues. Additionally, Steven defends businesses against professional liability claims. He has litigation experience in both state and federal courts.

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