Navigating Discovery During Insurance Coverage and Bad Faith Litigation

This course, presented by Marni Berger of Saltz Mongeluzzi & Bendesky, provides an overview of the key issues that arise in insurance coverage and bad faith litigation. The course places an emphasis on the unique types of discovery requests permitted in bad faith litigation and the disputes that frequently arise as a result. While the principles that will be discussed are commonplace across the country, this course provides examples based upon cases litigated in Pennsylvania and New Jersey federal district courts and state courts. General practice tips are to be provided for counsel for the insured and insurer alike.

Learning Objectives: 

1. Provide an overview of insurance coverage and bad faith litigation

2. Explain the most common types of statutory and common law bad faith recognized

3. Discuss the most commonly sought discovery requests by Plaintiff and Defendant's objections to these requests
   

4. Identify other discovery issues that arise in bad faith cases such as the potential bifurcation of contract-based and bad faith claims and the commonly asserted "advice of counsel" defense