Pleading Insurer Bad Faith Claims: Evolving Pleading Standards, Surviving or Filing a Motion to Dismiss

DATE: Wednesday, November 15, 2017

TIME: 1:00 PM - 2:30 PM

ORGANIZER: Strafford Publications


This CLE webinar will discuss pleadings standards for insurer bad faith claims, what plaintiffs must allege to survive a motion to dismiss, and how insurers can leverage tougher pleadings standards to win a motion to dismiss.  The program will look at case law developments and how the courts have been applying tougher pleadings standards to bad faith claims and outline best practices for both the policyholder and insurer in pursuing on defending these claims at early motion stage.

Bad faith allegations are a potent weapon for policyholders in coverage litigation to negotiate for a higher settlement due to the risk of an unacceptable jury award.  To leverage this tool, policyholder counsel must carefully draft complaint allegations to survive a motion to dismiss.

Insurer counsel must be prepared to leverage heightened pleadings standards with respect to bad faith allegations, especially with a declaratory judgment or breach of contract action.  When insureds fail to adequately specify how the insurer's actions were unreasonable, tougher pleading requirements can be a powerful tool for insurers to attack the sufficiency of allegations.

Listen as our panel offers tactics for leveraging pleadings standards in insurer bad faith litigation and provides insights into how plaintiffs can survive a motion to dismiss and insurers can win the dismissal.  The panel will review developments in court decisions and how the courts apply the tougher pleadings standards from the perspective of both the policyholder and the insurer.

Related People

Insurance Recovery Attorney | Anderson Kill P.C.
Robert M. Horkovich
Managing Shareholder (Firm)
New York
Insurance Recovery Attorney | Anderson Kill P.C.
Mark Garbowski
Shareholder
New York

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