This CLE course will provide critical insight to counsel for insurers facing bad faith claims on how to position a case for summary judgment. Bad faith cases present counsel for insurers with myriad challenges. The litigation is often protracted and convoluted and can result in awards that are less predictable and far more costly than their breach of contract counterparts. Practitioners representing insurers shoulder the responsibility for reducing their clients’ exposure to these risks and often employ summary judgment as the primary tool for accomplishing this goal. Our panel will discuss essential factors to consider during the claims investigation and discovery phases of litigation along with evidentiary proffers to support summary disposition of bad faith allegations, notwithstanding unresolved factual issues.
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