Video DVD + Course Book

Bad Faith Litigation from Start to Finish

Video DVD + Course Book

Copyright Date:

January, 2018

Product ID#:

78520DVDCDR

Video + Course Book

Credit Information

Choose State:



Continuing Legal Education

  • IL CLE - 6.00
From Event: Bad Faith Litigation from Start to Finish, held January 2018.

Program Description

Do you know when insurance company conduct amounts to bad faith? Are you aware of the tips, tricks and best practices utilized by both sides of the table? Augment your insurance knowledge with concrete skills you need to handle bad faith cases - from spotting bad faith insurance practices to trial pointers. Enhance your practice - order today!

Course Content

  1. Is it Bad Faith? Overview of Bad Faith Law
  2. Insurance Company Insights: Claim Investigation, Evaluation, Denials, Negotiations
  3. Insurance "Bad Faith Setup": Plaintiff and Defense Perspectives
  4. Discovery, Depositions and Evidence in Bad Faith Cases
  5. The Plaintiff's Side of the Table: Negotiation and Litigation Techniques
  6. The Defense's Playbook for Negotiation and Litigation
  7. Ethical Considerations in Bad Faith Litigation

Continuing Education Credit

Continuing Legal Education

Credit Hrs State Credit Approval Expiration
CLE 6.00 AK * 01/18/2020
CLE 6.00 AZ * 01/18/2020
CLE 6.00 CA * 01/18/2020
CLE 7.00 CO * 01/18/2020
CLE 6.00 CT * 01/18/2020
CLE 7.00 FL * 08/15/2018
CLE 6.00 GA * 01/18/2019
CLE 6.00 HI * 01/18/2020
CLE 6.00 ID * 01/18/2020
CLE 6.00 IL * 01/17/2020
CLE 6.00 KS * 10/17/2019
CLE 6.00 KY * 06/30/2018
CLE 6.00 ME * 01/18/2020
CLE 6.00 MN * 10/18/2019
CLE 6.00 MO 01/18/2020
CLE 6.00 MP * 01/18/2020
CLE 6.00 MT * 01/18/2020
CLE 6.00 NC * 12/31/2019
CLE 6.00 ND * 01/18/2020
CLE 6.00 NH * 01/18/2021
CLE 7.20 NJ * 11/14/2018
CLE 6.00 NV * 01/18/2021
CLE 7.00 NY * 01/18/2020
CLE 7.00 OK * 01/18/2019
CLE 6.00 OR * Pending
CLE 6.00 PA * 01/18/2020
CLE 6.00 TX * 12/31/2018
CLE 6.00 UT * 12/31/2018
CLE 6.00 VA * 10/31/2018
CLE 6.00 VT * 01/18/2020
CLE 6.00 WA * 01/18/2023
CLE 6.00 WV * 01/18/2020
CLE 6.00 WY * 01/18/2021

* denotes specialty credits

Agenda / Content Covered

All times are shown in Eastern time

  1. Is it Bad Faith? Overview of Bad Faith Law
    10:00 - 10:30, Thomas W. Henderson
    1. What is Bad Faith?
    2. Duty to Defend and the Duty to Indemnify
    3. Standards of Bad Faith in Different Jurisdictions and Venues
    4. Bad Faith in First Party vs. Third Party Claims
    5. Top Bad Faith Insurance Company Tactics
    6. Duties of Insureds; Reverse Bad Faith
    7. Does the Conduct Amount to Bad Faith? Case Examples
    8. Bad Faith Trends and Current Issues
  2. Insurance Company Insights: Claim Investigation, Evaluation, Denials, Negotiations
    10:30 - 11:15, Thomas W. Henderson
    1. Communication Gray Areas - When, How Often?
    2. What the Adjuster Has a Right to Receive
    3. Investigation Timeliness/Adequacy; Being Thorough vs. an Obstructionist
    4. Handling of Forms, Documents and Other Critical Information
    5. Insulating the Claim File From Bad Faith Allegations
    6. Bad Faith Evaluation of Case
    7. Denial of Coverage - Defining "Reasonable" Basis
    8. Bad Faith Negotiating and Settlement Tactics
    9. "Advice of Counsel" Defense and Good Faith
  3. Insurance "Bad Faith Setup": Plaintiff and Defense Perspectives
    11:30 - 12:15, Thomas W. Henderson
  4. Discovery, Depositions and Evidence in Bad Faith Cases
    12:15 - 1:15, David P. Hersh
    1. Review of Insurance Policy and Communications
    2. Obtaining Evidence From the Carrier - Process and Procedure
    3. Claim Files: Leveraging or Piercing Privilege Protections
    4. Subpoenaing Claim Files
    5. Reviewing the Claim File, Underwriting Files, Claims Manuals and Personnel Files
    6. Claims Handler and Underwriter Depositions (w/Sample Questions)
    7. Social Media, Emails, Metadata, Privilege Logs, Etc.
    8. Evidence Admissible to Establish Bad Faith
    9. Sample Discovery Requests and Responses
  5. The Plaintiff's Side of the Table: Negotiation and Litigation Techniques
    1:45 - 2:45, David P. Hersh
    1. Is the Bad Faith Case Worth Taking?
    2. Bad Faith Demand Letters and Negotiations
    3. Meeting Bad Faith Pleading Requirements
    4. Proving Breach of Duties
    5. Calculating and Quantifying Damages
    6. Selecting and Using Experts in Bad Faith Cases
    7. Traps to Avoid
    8. Proving Bad Faith in Court: Pointers From Voir Dire to Verdict
    9. Applying Key Case Law to Your Case
  6. The Defense's Playbook for Negotiation and Litigation
    2:45 - 3:45, Dustin T. Woehl
    1. Demand Letter Responses - Avoiding Mismanagement
    2. Finding Flaws in the Complaint
    3. Proven Bad Faith Defenses
    4. Negotiation Tactics
    5. How to Get Out of an Unfavorable Court
    6. Bifurcating Coverage and Bad Faith Issues
    7. Challenges to Admission of Claims Professional Testimony and Other Evidence
    8. Defending Against Bad Faith in Court: Pointers From Voir Dire to Verdict
    9. Applying Key Case Law to Your Case
  7. Ethical Considerations in Bad Faith Litigation
    4:00 - 5:00, Dustin T. Woehl
    1. Update: Recent Ethics Cases of Note
    2. Ethical Issues for the Plaintiff's Lawyer
    3. Ethical Issues for the Defense Lawyer

THOMAS W. HENDERSON is a shareholder with Burg Simpson Eldredge Hersh & Jardine PC, where he focuses his practice on representing policyholders in suing insurance companies for bad faith and getting insurance companies to pay what the insurance policy promises to pay. Mr. Henderson spent the first 20 years of his practice representing the insurance companies, answering their questions about whether the policy provided coverage for various claims, and even defending them when they were sued. Mr. Henderson has been selected by his peers for inclusion in The Best Lawyers in America© in 2013, 2014, 2015 and 2016 in the field of insurance law. He was also recognized as a People's Choice Best Insurance Lawyer, 2013. Mr. Henderson has been a Super Lawyer since 2014. He has achieved great success getting insurance companies to pay money on claims that had previously been denied, and in getting insurance companies to pay much more money than they previously offered. Mr. Henderson has won many jury verdicts for his clients in insurance bad faith cases, including obtaining verdicts that included punitive damages. He has negotiated agreements between policyholders and injured persons, known in Colorado as Bashor or Nunn Agreements. These agreements allow policyholders who caused injury to another, but whose insurance company has not honored its obligation to defend or financially protect the policyholder, to escape the potential of financial ruin in return for assigning their rights to go after their own insurance company. Mr. Henderson was admitted to practice in Colorado in October of 1987. He is a member of the Colorado Trial Lawyers Association (Bad Faith Subcommittee); American Association for Justice; and the American, Denver, and Arapahoe County bar associations. He also lectures on insurance bad faith and insurance coverage to groups of policyholders. Mr. Henderson earned his B.A. degree from Whitman College in Walla Walla, Washington and his J.D. degree from the University of Denver Sturm College of Law.

DAVID P. HERSH is a senior shareholder and trial attorney with Burg Simpson Eldredge Hersh & Jardine PC. He is co-chair of the firm's commercial litigation department and limits his practice to the trial of complex civil cases. Mr. Hersh has handled hundreds of matters involving insurance coverage and bad faith breach of the insurance contract under a wide array of coverage forms. He has served as lead trial counsel in both state and federal courts throughout the U.S. in a substantial number of complex commercial litigation cases, as well as a number of catastrophic personal injury cases, including cases involving claims for paraplegia/quadriplegia, brain injury, severe burns and disfigurement, and limb loss. Mr. Hersh is admitted to practice before the U.S. Supreme Court, several federal circuit courts of appeal, a number of U.S. district courts, as well as the Supreme Courts of the states of Colorado and Wyoming. He has been repeatedly recognized for his outstanding legal work, winning numerous awards. Mr. Hersh serves the community through his active involvement on the Board of Directors for the Colorado Judicial Institute, Colorado Bar Association Board of Governors, CLE Colorado, and the Colorado Bar Association Ethics Committee. He serves as the vice-chair of the Committee on Conduct for the U.S. District Court for the District of Colorado. Mr. Hersh is a faculty member for the Summer Trial Institute at the University of Wyoming College of Law. He is the current president of the Arapahoe County Bar Association and a frequent lecturer for legal and non-legal organizations, including law schools, universities, and other higher education institutions. In addition, Mr. Hersh has also served as an instructor in trial tactics for the American Bar Association-sponsored National Institute of Trial Advocacy (NITA) School. He also serves on the Roster of Neutrals for the American Arbitration Association. Mr. Hersh earned his B.S. degree from Bob Jones University and his J.D. degree from Wake Forest University School of Law.

DUSTIN T. WOEHL is a shareholder with the law firm of Kasdorf Lewis & Swietlik SC, where he practices in the areas of appellate law, litigation, and insurance defense. Mr. Woehl frequently presents continuing legal education seminars on a variety of topics, including premises liability, insurance coverage, personal injury litigation, and legal ethics. Mr. Woehl is a member of the State Bar of Wisconsin and Wisconsin Defense Counsel. He is licensed to practice in front of the Eastern and Western Districts of Wisconsin and the U.S. Court of Appeals for the Seventh Circuit. Mr. Woehl earned his B.A. degree from Carleton College and his J.D. degree from the University of Pennsylvania.

Please refer to Continuing Education Credit FAQ for general information about seeking credit for your participation in one of our continuing education programs.

Additionally, our team of credit specialists are here to answer your specific credit-related questions weekdays 7am - 5pm Central:

Phone: 866-240-1890

Email: credit@nbi-sems.com

Accreditation Details:

Continuing Legal Education

AK CLE: 6.00 Credit Approval Exp
01/18/2020
Includes - Ethics: 1.00
Alaska Bar members may claim credit for attending CLE programs that have been accredited by other mandatory CLE jurisdictions. This self study program may qualify for up to 6.0 hours of self-study credit, which includes 5.0 hours of VCLE self-study credit under the voluntary CLE Rule of the Alaska Bar Association and 1.0 hours of MECLE ethics self-study under the mandatory ethics continuing legal education CLE Rule.


AZ CLE: 6.00 Credit Approval Exp
01/18/2020
Includes - Ethics: 1.00
The State Bar of Arizona does not approve or accredit CLE activities for the Mandatory Continuing Legal Education requirement. This activity may qualify for up to 6.0 hours toward your annual MCLE Interactive CLE requirement for the State of Arizona, including 1.0 hour of professional responsibility Interactive CLE credit.


CA CLE: 6.00 Credit Approval Exp
01/18/2020
Includes - Ethics: 1.00
This activity has been approved for Minimum Continuing Legal Education credit by the State Bar of California and may qualify for up to 6.0 hours of self-study credit, of which 1.0 hour will apply to legal ethics self-study credit. NBI, Inc. certifies this activity conforms to the standards for approved education activities prescribed by the rules and regulations of the State Bar of California governing minimum continuing legal education. NBI, Inc. is a State Bar of California approved MCLE provider - #53.


CO CLE: 7.00 Credit Approval Exp
01/18/2020
Includes - Ethics: 1.20
This program may qualify for up to 7.0 hours of self-study general Colorado Continuing Legal Education Credit, including 1.2 ethics credit.


CT CLE: 6.00 Credit Approval Exp
01/18/2020
Includes - Ethics: 1.00
Neither the Connecticut Judicial Branch nor the Commission on Minimum Continuing Legal Education approve or accredit CLE providers or activities. It is the opinion of NBI, Inc. that this activity qualifies for up to 6.0 self-study hours toward your annual CLE requirement in Connecticut, including 1.0 self-study hour(s) of ethics/professionalism.


FL CLE: 7.00 Credit Approval Exp
08/15/2018
Includes - Civil Trial: 7.00, Ethics: 1.00
Approved by The Florida Bar, this program may qualify for up to 7.0 general hours of CLER self-study credit including 1.0 hour of self-study ethics credit. Certification: 7.0 - Civil Trial.


GA CLE: 6.00 Credit Approval Exp
01/18/2019
Includes - Ethics: 1.00
This program is approved by the Georgia Commission on Continuing Lawyer Competency. This program may qualify for up to 6.0 hours of distance learning continuing legal education credit with the Georgia Commission on Continuing Lawyer Competency, which includes 1.0 hour of distance learning ethical considerations.


HI CLE: 6.00 Credit Approval Exp
01/18/2020
Includes - Ethics: 1.00
NBI, Inc. is an Accredited Provider with the Hawaii State Board of Continuing Legal Education. This alternative format activity has been approved for up to 6.0 hours of credit for the state of Hawaii, which includes 1.0 hour of ethics or professional responsibility education.


ID CLE: 6.00 Credit Approval Exp
01/18/2020
Includes - Ethics: 1.00
This program may qualify for up to 6.0 hours of self-study continuing legal education credit in the state of Idaho, which may include 1.0 ethics credit. Application for self-study approval must be submitted to the Idaho State Bar.


IL CLE: 6.00 Credit Approval Exp
01/17/2020
Includes - Ethics: 1.00
This program has been approved by the Illinois MCLE Board for 6.0 hours of recorded technology CLE credit, which includes approval for 1.0 hour of legal ethics CLE credit by the Illinois Supreme Court Commission on Professionalism.


KS CLE: 6.00 Credit Approval Exp
10/17/2019
Includes - Ethics: 1.00
Approved by the Kansas Continuing Legal Education Commission for 6.0 hours of prerecorded format continuing legal education credit, which includes 1.0 hour of ethics and professionalism credit. No more than 6.0 hours of prerecorded format CLE may be earned in one compliance period.


KY CLE: 6.00 Credit Approval Exp
06/30/2018
Includes - Ethics: 1.00
This program has been approved as a technological CLE activity by the Kentucky Bar Association Continuing Legal Education Commission and may qualify for up to 6.0 credits, of which 1.0 hour relates to ethical considerations. No more than 6.0 hours of technological CLE credit may be earned during a reporting period.


ME CLE: 6.00 Credit Approval Exp
01/18/2020
Includes - Ethics: 1.00
This course has been approved by the State of Maine Board of Overseers of the Bar. Lawyers who complete this course may receive up to 6.0 hours of self-study CLE credit including 1.0 ethics hours under M. Bar R. 12. No more than 5.5 hours of self-study CLE credit may be earned during a reporting period.


MN CLE: 6.00 Credit Approval Exp
10/18/2019
Includes - Ethics: 1.00
Approved for up to 6.0 hours of on-demand CLE credit, including 1.0 hour of ethics by the Minnesota Board of Continuing Legal Education. No more than 15.0 hours of on-demand CLE credit may be earned during a reporting period.


MO CLE: 6.00 Credit Approval Exp
01/18/2020
NBI, Inc. is an accredited sponsor with Missouri Minimum Continuing Legal Education. This program qualifies for up to 6.0 self-study CLE credit hours. No more than 6.0 hours of self-study CLE credit may be earned during a reporting period. Attorneys may not earn ethics credit with self-study.


MP CLE: 6.00 Credit Approval Exp
01/18/2020
Includes - Ethics: 1.00
This course has been approved by the Commonwealth of the Northern Mariana Islands. Lawyers who complete this course shall receive 6.0 hours of self-study CLE credit including 1.0 ethics hours.


MT CLE: 6.00 Credit Approval Exp
01/18/2020
Includes - Ethics: 1.00
This program may qualify for up to 6.0 hours of self-study CLE credit by the Montana Commission on Continuing Legal Education, including 1.0 hour of ethics. No more than 5.0 hours of self-study CLE credit may be earned during a reporting period.


NC CLE: 6.00 Credit Approval Exp
12/31/2019
Includes - Ethics: 1.00
NBI, Inc. is an accredited sponsor with the North Carolina State Board of Continuing Legal Education. Attendance of this program may qualify for up to 6.0 hours of online CLE credit, including 1.0 ethics. No more than 6.0 hours of online CLE credit may be earned during a reporting period.


ND CLE: 6.00 Credit Approval Exp
01/18/2020
Includes - Ethics: 1.00
North Dakota attorneys completing this program may claim up to 6.0 North Dakota self-study CLE credit hours, including 1.0 hour of ethics credit, on the Report of Compliance. No more than 15.0 hours of self-study CLE credit may be earned during a reporting period.


NH CLE: 6.00 Credit Approval Exp
01/18/2021
Includes - Ethics: 1.00
NHMCLE does not approve or accredit CLE activities for the NH Minimum CLE requirement. NBI, Inc. believes this course meets the requirements of NH Supreme Court Rule 53 toward the annual NHMCLE requirement.


NJ CLE: 7.20 Credit Approval Exp
11/14/2018
Includes - Ethics: 1.20
This program has been approved by the Board on Continuing Legal Education of the Supreme Court of New Jersey for 7.2 hours of alternative format CLE credit. Of these, 1.2 qualify as hours of alternative learning format credit for ethics/professionalism. No more than 12.0 hours of alternative learning format CLE credit may be earned during a reporting period.


NV CLE: 6.00 Credit Approval Exp
01/18/2021
Includes - Ethics: 1.00
This course has been approved by the Nevada Board of Continuing Legal Education. This program may qualify for up to 6.0 hours of alternative format CLE credits by the Nevada Board of Continuing Legal Education, which includes 1.0 hour of alternative format ethical considerations.


NY CLE: 7.00 Credit Approval Exp
01/18/2020
Includes - Areas of Professional Practice: 6.00, Ethics: 1.00
This nontraditional format course has been approved in accordance with the requirements of the New York State Continuing Legal Education Board for up to 7.0 credit hours. 6.0 hours can be applied to the areas of professional practice requirement and is approved for newly admitted and experienced attorneys. 1.0 hour can be applied toward the ethics and professionalism requirement and is approved for experienced attorneys.


OK CLE: 7.00 Credit Approval Exp
01/18/2019
Includes - Ethics: 1.00
This course has been approved by the Oklahoma Bar Association Mandatory Continuing Legal Education Commission. This program may qualify for up to 7.0 of Archived and/or Online OnDemand CLE credit hours, which includes 1.0 hour of legal ethics. No more than 6.0 hours of Archived and/or Online OnDemand CLE credit may be earned during a reporting period.


OR CLE: 6.00 Pending Credit Approval Includes - Ethics: 1.00
This program has been submitted to the Oregon MCLE.


PA CLE: 6.00 Credit Approval Exp
01/18/2020
Includes - Ethics: 1.00
This program has been approved by the Pennsylvania Continuing Legal Education Board. This program may qualify for up to 6.0 hours of distance learning credit, including 5.0 hours of substantive law, practice and procedure CLE credit and 1.0 hour of ethics, professionalism or substance abuse distance learning CLE credit. No more than 6.0 hours of distance learning CLE credit may be earned during a reporting period.


TX CLE: 6.00 Credit Approval Exp
12/31/2018
Includes - Ethics: 1.00
This course is accredited for Minimum Continuing Legal Education credit by the State Bar of Texas Committee on MCLE in the amount of 6.0 credit hours, of which 1.0 credit hour will apply to legal ethics/professional responsibility credit. Hours in attendance at National Business Institute CLE seminars may be applied to the minimum Judicial Education requirement.


UT CLE: 6.00 Credit Approval Exp
12/31/2018
Includes - Ethics: 1.00
National Business Institute is an approved "presumptive provider" with the Utah State Board of Continuing Legal Education. This program may qualify for up to 6.0 hours of self-study CLE credit for Utah attorneys, which includes 1.0 hour of ethical considerations.


VA CLE: 6.00 Credit Approval Exp
10/31/2018
Includes - Ethics: 1.00
This course has been approved by the Virginia Mandatory Continuing Legal Education Board for 6.0 hours of credit, which includes 1.0 hour of ethics. Beginning November 1, 2011, pre-recorded programs are limited to eight credit hours for annual MCLE compliance. A minimum of four credit hours from live interactive courses is required.


VT CLE: 6.00 Credit Approval Exp
01/18/2020
Includes - Ethics: 1.00
This course has been approved by the Vermont Board of Mandatory Continuing Legal Education. This program may qualify for up to 6.0 hours of self-study credit, including 1.0 hour of self-study ethics credit. No more than 10.0 hours of self-study CLE credit may be earned during a reporting period. Attorneys may not earn professionalism credit with self-study.


WA CLE: 6.00 Credit Approval Exp
01/18/2023
Includes - Ethics: 1.00
This program may qualify for up to 6.0 hours of Washington continuing legal education (Self Study) A/V credit, which includes 5.0 hours of Law and Legal Procedure and 1.0 hour of ethics.


WV CLE: 6.00 Credit Approval Exp
01/18/2020
Includes - Ethics: 1.00
This program may qualify for up to 6.0 hours of self-study credit, which includes 1.0 hour of self-study ethics credit, under the West Virginia Rules for Mandatory Continuing Legal Education. No more than 12.0 hours of self-study CLE credit may be earned during a reporting period.


WY CLE: 6.00 Credit Approval Exp
01/18/2021
Includes - Ethics: 1.00
The Wyoming State Board of Continuing Legal Education has granted up to 6.0 hours of Continuing Legal Education Credit, including 1.0 hour of ethics. No more than 5.0 hours of self-study credit may be earned during one calendar year.


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