Live Seminar

Insurance Bad Faith "Set-Up" in Kentucky



Tuesday, February 27, 2018


9:00 AM - 4:30 PM

Product ID#:



Holiday Inn Louisville East-Hurstbourne

1325 South Hurstbourne Parkway

Louisville, KY 40222


$339 / Each Additional

Registration Includes Course Book

Credit Information

Continuing Legal Education

  • KY CLE - 6.00
  • OH CLE - 6.00

Program Description

Learn Tools and Tactics to Steer Clear of Insurance Bad Faith

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 seminar will prepare you to avoid and counter bad faith allegations. Our experienced faculty will show you how to screen cases for bad faith potential and develop tools to deny bad faith in court. Learn both offensive and defensive strategies to keep bad faith at bay. Register today!

  • Recognize how the insurer's duty to investigate, defend, and settle can become the basis for bad faith claims.
  • Learn to spot the signs of first-party loss claim that might be headed toward a bad faith allegation.
  • Find out which components in a settlement demand letter require extra caution from the claims manager and the attorney.
  • Prepare to evaluate the risk that a claim will end up with an excess judgment.
  • Understand a variety of powerful defenses to counter a bad faith claim at trial.
  • Avoid ethical pitfalls when handling the original claim during bad faith litigation.

Who Should Attend

This intermediate level seminar will show attorneys and insurance professionals how to recognize, avoid, and challenge potential bad faith actions in first- and third-party claims handling.

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. Defenses in a Bad Faith Suit
  6. Ethics

Continuing Education Credit

Continuing Legal Education

Credit Hrs State
CLE 6.00 -  KY*
CLE 6.00 -  OH*

* denotes specialty credits

Agenda / Content Covered

  1. Bad Faith Law and the Origin of the Set-Up
    9:00 - 10:00, Robert C. Mitchell
    1. Who is Liable for Bad Faith?
    2. Breach of Contract vs. Tort
    3. Duty to Investigate
    4. Duty to Defend and Indemnify: Interpreting Policy Language
    5. Legal Basis for Insurer's Duty to Settle
    6. Insured's Duty to Cooperate
    7. Who Pays for an Excess Judgment?
  2. Problematic First-Party Loss Claims
    10:15 - 11:15, Robert C. Mitchell
    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
    11:15 - 12:15, Ernest H. Jones II
    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
    1:15 - 2:15, Ernest H. Jones II
    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. Defenses in a Bad Faith Suit
    2:15 - 3:15, Ernest H. Jones II
    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
  6. Ethics
    3:30 - 4:30, Ernest H. Jones II
    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

ERNEST H. JONES II is a partner in the law firm of Sturgill, Turner, Barker & Moloney, PLLC, in Lexington, where he practices in the areas of civil litigation, insurance defense, products liability defense, premises liability, insurance fraud and special investigations unit claims, insurance coverage analysis, extra-contractual liability (bad faith claims), catastrophic injury cases (brain damage and spinal cord injuries) and swimming pool cases. He has spoken on issues involving trial practice and strategy, discovery abuses, litigating insurance coverage disputes (declaratory judgment actions), and discovery and litigation strategies in claims against insurers alleging violations of Kentucky's Unfair Claims Settlement Practices Act. He is a member of the American (ABA Tort and Insurance Practice Section [TIPS]) and Kentucky (Ethics Committee) bar associations, the Kentucky Defense Counsel, the Defense Research Institute, and the American Board of Trial Advocates. Mr. Jones earned his B.S. degree from the University of Kentucky and his J.D. degree from the University of Kentucky College of Law.

ROBERT C. MITCHELL is a partner with Ulmer & Berne LLP. His practice focuses on product liability defense. Mr. Mitchell has extensive experience in the management of toxic tort litigation on a national basis for a Fortune 100 client and he also handles insurance coverage litigation on behalf of policyholders. He is admitted to the Ohio State and Illinois State bar associations; the U.S. Court of Appeals for the Third, Fifth, Sixth, Seventh, Ninth, and Tenth circuits; and U.S. District Court in N.D. Illinois, N.D. Ohio, and S.D. Illinois. He is a member of the American Bar Association, the Ohio State Bar Association (Standing Committee on Insurance Law), the Defense Research Institute, the American Chemistry Council Tort Litigation Group, Ohio Alliance for Civil Justice and its Litigation Task Force. Mr. Mitchell received his B.A. degree from Denison University and his J.D. degree from the University of Cincinnati College of Law.

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

KY CLE: 6.00 Includes - Ethics: 1.00
This activity has been approved by the Kentucky Bar Association Continuing Legal Education Commission for a maximum of 6.0 credits, of which 1.0 hour relates to ethical considerations.

OH CLE: 6.00 Includes - Ethics: 1.00, Insurance Coverage Law: 6.00
This course has been approved by the Ohio Supreme Court Commission on Continuing Legal Education for 6.0 CLE credit hours, including 1.0 hour of attorney professional conduct instruction which includes approval for 6.0 hours of specialization credit by the Ohio State Bar Association in the category of Insurance Coverage Law law.

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How To Order

Web: Order Now
Call: 800.930.6182
Fax: 715.835.1405
Mail: NBI
P.O. Box 3067
Eau Claire, WI 54702