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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