Advanced Insurance Bad Faith in Washington

Agenda / Content Covered

All times are shown in Pacific time

1. Washington Bad Faith Law Update and Hotly Contested Claims/Case Law
   9:00 - 9:30, Martin J. Pujolar
   1. Trends, New Legislative Initiatives
   2. Hotly Contested Claims and Case Law in Bad Faith
   3. Expert Advice on the Insurance Code and Regulation Update
   4. Privilege and Work Product Doctrine in Bad Faith Litigation
   5. Q&A
2. Applying the Latest Case Law: Skillfully Interpreting The Policy, Language, Terms and Coverage
   9:30 - 10:25, Thomas Lether
   1. Sample Discovery Requests Directed to the Insurance Company and Adjuster
   2. Was the Duty to Defend Triggered?
   3. Deliberate Misinterpretation of Policy Language
   4. Deny or Disclaim of Coverage
   5. Disclosure of Policy Limits; Explanation of Applicable Provisions
   6. Explanation of Exclusions in the Policy
   7. Reservation of Rights Defense Strategies
   8. Evidence of Excess Verdict Bad Faith
   9. Bad Faith Without Coverage
3. Issues with Multiple Claimants or Defendants
   10:40 - 11:35, Monica Kim Sham
   1. Obligations in a Coverage Investigation
   2. Digging Deep into the History of the Claimants (Previous Claims, Financial Status, Etc.)
   3. Common Claimant Pitfalls
   4. Fraud by Insured?
4. Strategic Discovery of Claims Handling: Secrets Insurance Adjusters Don't Want You to Know
   11:35 - 12:30, Robert Bohm
   1. Avoiding Payment of Claim
   2. Failure to Properly Investigate (Proper Procedures, etc.)
   3. Failure to Settle or Resolve Claim; Coercive Tactics to Settle the Claim
   4. Use of Improper Standards to Deny or Denial of Claim
   5. Unreasonable Demands for Proof of Loss
5. Institutional Bad Faith: Industry Standards, Carrier Compensation Programs, Claims Process, Case Law and More
   1:30 - 2:25, Michael N. Poli
   1. Discovery of Industry Standards
   2. Policies, Procedures, Guidelines and "General Business Practice"
   3. Carrier Compensation Programs
   4. Carrier and Claim Department Relationship
   5. "Pattern and Practice" Discovery
   6. Advertising/Marketing Documents
   7. Claim Audits, Claims Paid by Carrier
   8. Insurance Carrier Recidivism
6. Adjuster and Bad Faith Expert Witness Deposition and Examination Tactics
   2:25 - 3:20, Eric J. Neal
   1. Plaintiff's Lawyer's Ex Parte Communications with the Adjuster
   2. Duties and Obligations Owed by Adjuster/Insurance Company
   3. Training Documents/Training Received
   4. Evidence That Proves Violation of Industry Standards
   5. Malicious/Oppressive/Fraudulent Behavior
   6. Proving Advance Knowledge and Conscious Disregard
   7. Authorization of the Employee's Acts? Repeated Actions?
7. Damages in Bad Faith Cases: Tactics to Maximize/Minimize
   3:35 - 4:30, Eliot M. Harris
   1. Contractual Damages
   2. Extracontractual Damages
      1. Bad Faith
      2. Consumer Protection Act
      3. Insurance Fair Conduct Act
      4. Negligence
      5. Miscellaneous Extracontractual Claims
      6. Attorneys' Fees under Olympic Steamship and Otherwise
      7. Prejudgment Interest

Accreditation Details:

ROBERT D. BOHM has been a trial lawyer for all of his nearly 43 years of practice. His firm, Robert D. Bohm, PLLC, has offices in Washington State and Arizona, where he represents individuals in cases involving wrongful death and serious injury and damages arising from incidents involving falls, and from property related insurance bad faith claims handling. Mr. Bohm earned his B.S. degree from Northern Illinois University and his J.D. degree from the University of Arizona. He is certified by the State Bar of Arizona as a specialist in injury and wrongful death litigation. Mr. Bohm is admitted to practice in all Washington and Arizona State courts, the U.S. District courts in the Western & Eastern Districts of Washington and Arizona, the 9th Circuit of the U.S. Court of Appeals, and before the U.S. Supreme Court. He is an Eagle member of the Washington State Association for Justice. Mr. Bohm previously served as president of the Arizona Association for Justice. With the American Association for Justice, he co-chairs the Spinal Cord Injury Litigation Group.

ELIOT M. HARRIS is a member in the Seattle office of Williams Kastner. He practices in Washington and Oregon and focuses on commercial litigation with an emphasis on insurance coverage, including general liability coverage, intellectual property coverage, construction defect coverage, and professional liability coverage. Mr. Harris also has experience handling lawsuits involving catastrophic personal injuries, environmental toxic tort, product liability, construction, real estate, and business disputes. He currently serves as a volunteer at the King County Bar Association’s Greenwood Legal Clinic in Seattle, and serves as chair-elect of the American Bar Association, Torts Trial and Insurance Practice Section and the Toxic Torts and Environmental Law Committee. Mr. Harris earned his B.A. degree from the University of Washington and his J.D. degree from Seattle University School of Law.

THOMAS LETHER is the owner and managing shareholder of Lether Law Group. His practice specializes in all types of insurance related issues. This includes construction defect claims, first-party property insurance claims, general liability claims, issues involving environmental insurance, claims arising against public entities, insurance claims involving class-action litigation, insurance claims involving aviation, and claims involving significant personal and bodily injury. He serves as an appraiser and mediator. Mr. Lether is licensed in the states of Washington, Oregon, Idaho and Alaska, the Ninth Circuit Court of Appeals, the United States Supreme Court, and the federal courts for the states of Washington, Oregon, Idaho, Alaska and Colorado. He earned his B.A. degree from the University of Puget Sound and his J.D. degree from the University of Puget Sound Law School.

ERIC J. NEAL is a shareholder with Lether Law Group. Mr. Neal's practice primarily involves complex coverage and bad faith litigation, as well as assisting carriers in insurance coverage investigations in both the property and liability contexts. He has assisted local and national insurers in coverage investigations and liability assessments. This practice has included providing initial legal advice and coverage opinions, as well as the litigation, trial, and appeal of complex coverage and bad faith actions in both state and federal court. Mr. Neal has also successfully represented carriers in high profile media matters, including the Ethel Adams litigation and the lawsuit involving the unsanctioned removal of trees in Seattle's Colman Park by a high ranking member of the judiciary. In the first party context, he has significant experience in claims and cases ranging from PIP/UIM disputes to collapse coverage, water intrusion, mold, construction defects, and fraud. Mr. Neal also advises carriers in regard to coverage under liability policies, including commercial general liability forms, professional liability forms, and reinsurance agreements. This practice includes the initiation and/or defense of declaratory judgment actions and contribution/subrogation matters. In addition, Mr. Neal has represented insurance agents in agent-negligence claims and also engages in third-party representation, including medical and professional malpractice cases and direct injury claims. He also represents a number of private parties, including injured persons, homeowners, contractors, and private businesses in a range of matters. Finally, Mr. Neal also provides consultation services for a variety of insurers and private parties in risk-management, policy language, and overall business practices. He is a graduate of the University of Washington and Seattle University School of Law.

MICHAEL N. POLI is the managing attorney with the law firm of Poli, Moon & Zane, PLLC. With a history as a top-rated personal injury and business litigation attorney, and having been licensed in the industry since 1980, Mr. Poli brings great experience and perspective to his work. For the last 20 years he has been working in the areas of insurance bad faith and insurance coverage. He is admitted to practice in Arizona, Oregon and Nevada, and before the Supreme Court of Arizona, Supreme Court of Nevada, United States District Court for the Districts of Arizona and Nevada, and the United States Court of Appeals for the Ninth Circuit. Mr. Poli is a member of the American Bar Association and the Maricopa County Bar Association. He earned his bachelor's degree in business administration from Arizona State University and his J.D. degree from Arizona State University Sandra Day O'Connor College of Law.

MARTIN J. PUJOLAR is a shareholder at Forsberg & Umlauf, P.S. His practice areas include construction defect, general liability, personal injury, product liability, insurance coverage, employment, UIM, and insurer bad faith/extra contractual liability litigation. Mr. Pujolar is a member of the King County, Pierce County, Washington State, and District of Columbia bar associations; State Bar of Nevada; and the Washington Defense Trial Lawyers. He earned his B.A. degree from the University of Puget Sound and his J.D. degree, cum laude, from Gonzaga University School of Law.

MONICA KIM SHAM is an attorney with the Heffernan Law Group, PLLC, where she focuses her practice on complex commercial and construction defect litigation, commercial real estate and business transactions, and insurance coverage review and recovery. She also serves as outside general counsel for clients and provides thoughtful and strategic advice to achieve comprehensive business goals. Ms. Sham has advised small business clients in the start-up phase, as well as established international corporations looking to expand to the U.S. market. In addition, she provides counsel to clients in contract negotiations, resolves disputes during the course of construction, and prosecutes or defends claims in litigation. Her experience also includes reviewing insurance policies for clients (both insureds and insurers), engaging the participation of insurers when losses occur, and managing the claims adjustment process through to successful resolution. Ms. Sham earned her J.D. degree from the Columbus School of Law at the Catholic University of America, and she holds a B.A. degree from Brandeis University, where she graduated with high honors in Spanish. She serves as the Secretary and Treasurer of the Washington State Bar Association's International Practice Section, and participates as a mentor to foreign trained attorneys and law students.