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Bad Faith Claims and Extra Contractual Liability CLE

Bad Faith Claims and Extra Contractual Liability CLE

so what I'd like to do is give each of
you a minute for some key takeaways that you'd like to leave with our audience
and we'll do it in the order that you spoken so Ned curry could you take a
minute and give us some key takeaways well I think the key takeaways first if
if you are with an insurer and handling a claim that looks like it is headed to
litigation write alphabet get familiar with that state's law on waiver of the
privilege in either coverage or bad faith litigation that helps you start
planning how to protect that privilege even in those two states where the
siddell case applies now to take away for coverage counsel would be to in
response to the assignment to render coverage opinion to outline your
specific activities keeping in mind that you don't want to do anything that would
later lead to an inadvertent disclosure of the attorney-client privilege thank
you for that Ned our next speaker was a Scott poster Ryker Scott some key
takeaways please sure the best attorney client relationship is is a partnership
and you know developing a partnership between outside counsel and in-house
counsel or in how its claims people it is a two-way street both both need to
deliver counsel needs to be responsive they need to provide written analysis
and set forth the risk exposures and quantify those risk exposures for the
client we need to set and adhere to two budgets and they need to communicate and
be responsive to the needs of the why the client needs to be they need to
set clear expectations and one of the best ways for doing that is through
outside counsel guidelines that are that are relevant and current and just to
engaging with open dialogue between with with the outside counsel
Thank You Scott and finally Michelle Burton a minute for some lucky takeaways
place okay so I want to key takeaway that I would have is that there should
be some sort of you know audit or quality control on files so you know
that you know routine things like this aren't being overlooked and missed
claims examiner's get really busy especially in times of catastrophic
losses which we've seen a lot of here in California with the fires and little
things can start to get overlooked you know check those form letters make sure
that they're not cutting and pasting from from letter from policies that
don't apply to this particular insured and make sure that when you're looking
at a file you're training your adjusters that all of these things should be
reflected in the file your investigation your communication your evaluation of
coverage or payment of benefits and management oversight

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