Insurance Bad Faith and Duty to Settle

(787 Ratings)

Produced on: May 28, 2015

Course Format On Demand Audio

Taught by

Categories:

Course Description

Time 62 minutes
Difficulty Intermediate

This session, presented by Cassidy Schade partner Melissa Anderson, focuses on bad faith in connection with the breach of a duty to settle.  Ms. Anderson highlights issues that arise in cases involving multiple claimants, multiple insureds, and situations where limits of coverage may be exhausted without a global resolution.  The program is geared towards assisting in-house counsel and practitioners in identifying how acknowledgement of these issues in the context of settlement negotiations can be used to obtain a successful resolution. 

 

Learning Objectives:

I.    Summarize the basis of the duty to settle and when it is implicated

II.   Understand bad faith issues that are presented in cases involving multiple insureds and the exhaustion of limits on behalf of less than all insureds

III.  Comprehend bad faith issues presented in cases involving multiple claimants and the exhaustion of limits with less than all claimants

IV.  Identify the ramifications for the failure to settle in good faith

 

Faculty

Melissa Anderson

Cassiday Schade LLP

Melissa Anderson is a partner in the firm’s Chicago office where she concentrates her practice in insurance coverage litigation. Ms. Anderson represents insurance companies, corporate entities and individuals in all aspects of insurance coverage litigation at the trial and appellate level. She frequently advises clients on insurance related marketing and advertising, underwriting, state and federal compliance laws, and related considerations of insuring interests in foreign countries. 

 

Ms. Anderson is experienced in all lines of insurance, including primary and excess commercial general liability, professional liability, director and officer liability, first-party property and casualty, commercial and personal auto liability, and business interruption. The complex insurance matters litigated by Ms. Anderson have included disputes involving product liability, recall, medical malpractice, manufacturing, construction, trucking, environmental pollution and personal injury.

 

Ms. Anderson’s experience also includes commercial contract litigation. She works with clients to draft and interpret contracts and to assess the scope of the parties’ respective obligations. Ms. Anderson also counsels clients on proactive risk avoidance, risk transfer and risk management strategies. 

 

Ms. Anderson presents educational programs to clients and for industry trade associations. Recent presentation topics include: Employee Disclosure of Confidential Information: The impact on corporate liability; Targeted Tender Issues in Illinois; Comparison of Bad Faith and Duty to Settle Obligations Across Multiple States; Conflict of Interest and Carrier Obligations; Policy Limits Demand with Multiple Claimants’ and the Bad Faith Implications; and Risk Transfer Opportunities and Basic Insurance Coverage Principles.

 

Ms. Anderson received a B.A. from the University of Iowa and a J.D. with honors from IIT/Chicago-Kent College of Law where she was a member of the Moot Court Honor Society and received awards for excellence in trial advocacy and alternative dispute resolution. She is licensed to practice in the State of Illinois and the U.S. District Court, Northern District of Illinois.

Reviews

EA
Elisa A.

Important information for all attorneys who work in the negligence or tort fields. Very good speaker.

SH
Summer H.

Excellent program, useful information.

MB
Michael B.

good summary and information

CS
Charles S.

Good presenter. Dry subject.

JT
John T.

Good overview of Virginia and other states' treatment.

ZJ
Zachary J.

Great presentation!

KP
Kenneth P.

Very thorough presentation.

JD
James D.

Difficult area - good job of pulling authority together.

RB
russell b.

Great program

CG
Constantine G.

Very knowledgable speaker

AS
Alexander S.

she was very good and easy to follow

RS
Robert E. S.

Clear and well presented.

RB
Ricardo B.

A very informative presentation thanks!

CA
Chris A.

Excellent.

KH
Kathleen H.

excellent coverage of a complicated subject

MB
Matthew B.

The speaker was very professional and able to explain complex issues to someone with very little or nose knowledge on the topic.

TH
Timothy H.

Great course for anyone practicing in a state such as VA where a direct cause of action exists for an insured to bring suit against an insurer for bad faith failure to investigate and/or failure to settle

LL
Leonard W L.

good program

AN
Alex N.

Good overview of basic bad faith concepts.

WH
William H.

What I knew about this subject before would have fit into a shot glass! I thus found it interesting and educational.

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