Audio CD + Course Book

Insurance Bad Faith "Set-Up" in Colorado

Audio CD + Course Book

Copyright Date:

December, 2017

Product ID#:


Audio + Course Book

Credit Information

Continuing Legal Education

  • CO CLE - 7.00
From Event: Insurance Bad Faith "Set-Up" in Colorado, held December 2017.

Program Description

Behind every denial of defense, coverage, or settlement lies the potential for a bad faith claim. With the threat of excess judgments and punitive damages looming, claims professionals and attorneys need to work together to prevent claimants and plaintiffs from crying bad faith. Whether the claim falls under a first-party or third-party policy, this detailed legal guide will prepare you to avoid and counter bad faith allegations. Our experienced faculty will show you how to screen cases for bad faith potential, document your investigation, and develop tools to deny bad faith in court. Learn both offensive and defensive strategies to keep bad faith at bay. Order today!

Course Content

  1. Bad Faith Law and the Origin of the Set-Up
  2. Problematic First-Party Loss Claims
  3. Recognize an Unreasonable Third-Party Demand
  4. How to Respond to a Potential Bad Faith Set-Up
  5. Proper Investigation and Documentation
  6. Defenses in a Bad Faith Suit
  7. Ethics

Continuing Education Credit

Continuing Legal Education – CLE: 7.00 CO - Credit Approval Expiration 12/08/2019 *

* denotes specialty credits

Agenda / Content Covered

  1. Bad Faith Law and the Origin of the Set-Up
    9:00 - 9:45, Heather A. Salg
    1. Duty to Investigate
      1. First Party
        1. Duty to Cooperate: Releases, EUOs, IMEs, Suit Against Tortfeasor, Consent to Settle
      2. Third Party
        1. Duty to Cooperate
    2. Breach of Contract vs. Common Law Bad Faith vs. Unreasonable Delay and Denial
      1. First Party
      2. Third Party
        1. Duty to Defend
        2. Duty to Indemnify
        3. Is There a Duty to Settle?
        4. What Happens When There is an Excess Judgment?
    3. Failure to Cooperate Defense, Jury Instructions and Verdict Forms
  2. Problematic First-Party Loss Claims
    9:45 - 10:30, Heather A. Salg
    1. Failure to Provide Proper Notice of Claim
    2. Incomplete Documentation of Loss
    3. Is the Claim Unreasonable Given the Extent of Documented Loss or Injury?
    4. Watching Out for Inconsistencies
    5. Investigating the Insured: Previous Claims and Financial Status
  3. Recognize an Unreasonable Third-Party Demand
    10:45 - 12:00, Richard Crane
    1. Conditions Beyond Payment Within Policy Limits
    2. Demand Made Without a Release
    3. Lack of Proper Information to Support the Demand
    4. Time Limit Demand: What Happens if You Miss the Deadline?
    5. Will the Court Apply the Mirror Image Rule?
    6. Beware of Ambiguous Demand Letters
    7. Is Any Demand Beyond Policy Limits Automatically Unreasonable?
    8. Consent Judgment and Collusive Settlement Set-Up
      1. Covenant-not-to-Execute Against the Insured
      2. Assigning Right to Enforce the Judgment Against the Insurer
      3. Stipulations that Weaken the Case Against Coverage
  4. How to Respond to a Potential Bad Faith Set-Up
    1:00 - 1:45, Gregory A. Gold and Michael J. Rosenberg
    1. Duty to Inform Claimant of Benefits and Policy Limits
    2. Evaluating the Risk of an Excess Judgment
    3. Defending the Insured under a Reservation of Rights
    4. Initiating Settlement Negotiations
    5. Making a Counter Offer
    6. Obtaining a Release of the Insured
    7. Issues with Multiple Defendants or Claimants
    8. Responding to an Unreasonable Consent Judgment
  5. Proper Investigation and Documentation
    1:45 - 2:30, Gregory A. Gold and Michael J. Rosenberg
    1. Steps You Can Take Before Receiving the Demand
    2. Defense Counsel's Evaluation of the Settlement Demand Amount
    3. Looking for Other Insurance Coverage
    4. What are the Covered Damages?
    5. How to Properly Document the Investigation and Analysis of the Claim
    6. Discovery of the Claim File: Attorney-Client Privilege and Work Product
  6. Defenses in a Bad Faith Suit
    2:45 - 3:30, Gregory A. Gold and Michael J. Rosenberg
    1. What Damages are Available in Bad Faith Claims?
    2. Mediation of the Bad Faith Case
    3. Considerations for Bifurcation of Coverage and Bad Faith Cases
    4. Strategies for Summary Judgment Motions
    5. Using Pre-Trial Stipulations to Your Advantage
    6. Countering the Bad Faith Expert Witness
    7. Advice of Counsel as a Defense of Denial
    8. Showing Fraud by the Insured
    9. Addressing the Alleged Set-Up: Can You Claim Reverse Bad Faith?
    10. Insurer's Burden of Proof at Trial
    11. Convincing the Jury of Good Faith Settlement Efforts
  7. Ethics
    3:30 - 4:30, Gregory A. Gold and Michael J. Rosenberg
    1. Handling the Original Claim During Bad Faith Litigation
    2. Tripartite Relationship
    3. Ethical Practices for Investigating Claims
    4. Lawyers as Witnesses
    5. Following the Independent Counsel Doctrine
    6. Burning Limits Policies
    7. Defending Multiple Insureds
    8. Malpractice Danger for Attorneys Retained by Insurers

RICHARD CRANE graduated from the University of Colorado School of Law and has been practicing since 1981. As a former deputy district attorney, he was able to gain vast amounts of trial experience. Mr. Crane had previously worked for Farmers and State Farm so he is familiar with the inner workings of insurance companies and insurance law. Since 1985, Mr. Crane has been handling personal injury and insurance cases and currently serves on the Colorado Trial Lawyers Association Insurance Bad Faith Committee.

GREGORY A. GOLD is an attorney with The Gold Law Firm LLC, where he practices in the areas of personal injury and insurance bad faith, premises liability, pedestrian accidents, bicycle accidents, and motorcycle accidents. Mr. Gold is a frequent lecturer at Colorado Bar Association functions, as well as seminars sponsored by National Business Institute. He earned his B.A. degree from John Carroll University and his J.D. degree from St. Louis University. Mr. Gold is a member of the Colorado Bar Association and the Colorado Trial Lawyers Association (co-chair, Automobile Litigation Committee).

MICHAEL J. ROSENBERG is of special counsel with The Gold Law Firm LLC, where he practices in the areas of insurance coverage, insurance bad faith, and complex personal injury and business disputes. He is a member of Board of Governors, Colorado Bar Association; president, Colorado Trial Lawyers Association; American Bar Association; Denver Bar Association; and the Board of Directors, Colorado Trial Lawyers Association. Mr. Rosenberg is admitted to practice in the Colorado Supreme Court; U.S. District Court, District of Colorado; and the U.S. Court of Appeals for the Tenth Circuit. He earned his B.A. degree from Washington and Lee University and his J.D. degree from the University of Denver College of Law.

HEATHER A. SALG was a shareholder with a prominent insurance defense firm for 17 years prior to becoming a shareholder at Patterson & Salg, P.C. in 2016. Ms. Salg primarily defends insurance companies and their insureds in federal and district courts throughout Colorado. She has tried more than 50 trials and arbitrations to verdict. Ms. Salg has served as a co-state chair for the Claims and Litigation Management Alliance, and has been a board member of the Colorado Defense Lawyer’s Association. She is a member of the American Board of Trial Advocates (ABOTA), was named as a Super Lawyers Rising Star in 2012, and has been named as a Super Lawyer annually since 2014. In 2016 she was recognized as a Top Lawyer by 5280 Magazine.

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


Accreditation Details:

Continuing Legal Education

CO CLE: 7.00 Credit Approval Exp
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.

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