Audio CD + Course Book

Insurance Bad Faith "Set-Up" in Louisiana

Audio CD + Course Book

Copyright Date:

December, 2017

Product ID#:

77639CDRA

Audio + Course Book

Credit Information

Continuing education credit
is not available on this program.


  • For additional questions regarding
  • continuing education credits,
  • please contact us at 866-240-1890
  • or credit@nbi-sems.com
From Event: Insurance Bad Faith "Set-Up" in Louisiana, 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 education credit is not available at this time.
For additional questions regarding continuing education credits please contact us at 866-240-1890 or credit@nbi-sems.com.

Agenda / Content Covered

  1. Bad Faith Law and the Origin of the Set-Up
    9:00 - 10:00, Written by Lindsey J. Leavoy.
    Presented by Lindsey J. Leavoy in Baton Rouge and Kristopher M. Gould in New Orleans.
    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 - 11:00, Written by Shannon C. Burr.
    Presented by Lindsey J. Leavoy in Baton Rouge and Shannon C. Burr in New Orleans.
    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
    11:00 - 11:45, Written by Catherine Fornias Giarrusso.
    Presented by Dan M. Boudreaux in Baton Rouge and Catherine Fornias Giarrusso in New Orleans.
    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
    12:45 - 1:30, Written by Kristopher M. Gould.
    Presented by Dan M. Boudreaux in Baton Rouge and Kristopher M. Gould in New Orleans.
    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
    1:30 - 2:15, Written by Stephen L. Miles.
    Presented by Dan M. Boudreaux in Baton Rouge and Stephen L. Miles in New Orleans.
    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
    2:15 - 3:15, Written by Mark L. Clark.
    Presented by Philip E. Roberts in Baton Rouge and Mark L. Clark in New Orleans.
    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, Written by Philip E. Roberts.
    Presented by Philip E. Roberts in Baton Rouge and Mark L. Clark in New Orleans.
    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
December 5 - Baton Rouge

DAN M. BOUDREAUX is the regional subrogation counsel covering for the states of Louisiana, Mississippi, and Florida. He is based out of The Law Offices of Keith S. Giardina in Baton Rouge. Mr. Boudreaux was admitted to practice in 1986 and joined Liberty Mutual in 2007. He is a member of the state bar's Kids Chance Committee. Mr. Boudreaux also is the co-chair of the state chapter of the National Association of Subrogation Professionals (NASP). His work for Liberty Mutual specializes in recovering monies paid by Liberty Mutual and its subsidiaries for paid and owed workers' compensation benefits and property losses in both state and federal courts throughout Louisiana. Before joining Liberty Mutual, Mr. Boudreaux was the assistant secretary/director of the state's workers' compensation office (OWCA) and also was chairman of the state's second injury fund (SIF) during that tenure. Prior to that position, he was staff counsel for the Louisiana House of Representatives, committee(s) on Insurance, Commerce, and Judiciary. Mr. Boudreaux also has maintained a solo practice focused on administrative/regulatory matters, corporate counsel, collections, and intellectual property/franchise law. Prior to that staffing, he was an appellate law clerk with the state's First Circuit, Court of Appeals. Mr. Boudreaux earned his B.A. degree from Louisiana State University at Baton Rouge and his J.D. degree from Loyola University School of Law, where he was co-editor of the school's newspaper.

LINDSEY J. LEAVOY is an attorney with the Leavoy Law Firm, LLC, in Baton Rouge. He practices primarily personal injury law. Mr. Leavoy is a 1980 graduate of the United States Air Force Academy and earned his J.D. degree in 1988 from the Louisiana State University Paul M. Hebert Law Center. He is a member of the Louisiana Association for Justice, American Association for Justice, Baton Rouge Bar Association, and the Louisiana State Bar Association.

PHILIP E. ROBERTS is a partner in the Lafayette office of the law firm of Ungarino & Maldonado, LLC, where he practices primarily in the areas of workers' compensation, medical malpractice, automobile, and general liability defense. Mr. Roberts has lectured on ethics for various professional organizations. He is a member of the Lafayette Parish and Louisiana State bar associations. Mr. Roberts earned his B.A. degree from Louisiana State University and A&M College, and his J.D. degree from Louisiana State University Law Center.

December 8 - New Orleans

SHANNON C. BURR is a partner in the New Orleans office of Lewis Brisbois Bisgaard & Smith LLP, and a member of the insurance coverage, general liability, first party property, construction and transportation practices. Ms. Burr has extensive experience in a wide variety of complex civil litigation practice areas, including defense of insurers in first party claims as well as defending clients involved in construction litigation, commercial general liability and commercial automobile liability, premises liability, and personal automobile liability. She holds a Certificate of Concentration in Maritime Law from Tulane University Law School, and has successfully represented clients in maritime litigation including cases under the Jones Act, the Carriage of Goods by Sea Act (COGSA), and the Longshoremen and Harbor Workers’ Compensation Act. Ms. Burr earned her B.A. degree from Tulane University and her J.D. degree from Tulane University School of Law. She is a member of the Louisiana State Bar Association.

MARK L. CLARK is a partner with Thompson, Coe, Cousins & Irons, LLP. His practice focuses on the defense of insurers in coverage and bad faith disputes in Louisiana, Mississippi, and Texas. While Mr. Clark's practice covers almost every type of insurance dispute, he has developed significant experience in coverage disputes centered around maritime policies in the offshore industry, including the analysis and defense of primary and excess carriers in hull, P&I, collision and towers, maritime employers liability, and wreck removal coverage. Insurance disputes concerning employers liability, auto liability, and general liability issues have also become a regular part of Mr. Clark's usual practice. He earned his B.A. degree from Abilene Christian University and his J.D. degree from South Texas College of Law.

CATHERINE FORNIAS GIARRUSSO serves as counsel in the law firm of Barrasso Usdin Kupperman Freeman & Sarver, L.L.C. Ms. Giarrusso practices commercial litigation with an emphasis on insurance coverage and bad faith disputes. She has successfully represented insurers in state and federal court at the trial and appellate levels, in matters involving both first-party and third-party claims. In 2017, she was selected to Louisiana Super Lawyers in the area of Insurance Coverage and was featured in CityBusiness as "One to Watch." Ms. Giarrusso graduated summa cum laude from Tulane University Law School and earned her B.A. degree, with highest honors, from the University of Texas at Austin. Before her current position, she served as law clerk to Chief Justice Pascal F. Calogero, Jr., Louisiana Supreme Court and practiced with an international law firm in Houston, Texas. Ms. Giarrusso is a member of the American, Louisiana, Texas and New Orleans bar associations, as well as the Louisiana Association of Defense Counsel.

KRISTOPHER M. GOULD is an attorney in the New Orleans office of Porteous, Hainkel & Johnson, LLP. He represents insurance carriers in first and third party automobile, homeowner, and premises liability lawsuits; insurance coverage disputes; extra contractual and bad faith claims; and workers' compensation claims. Mr. Gould is licensed in Louisiana and North Carolina and is admitted to practice before the U.S. District Courts for the Eastern, Middle, and Western districts of Louisiana. He is a member of the New Orleans Association of Defense Counsel, New Orleans Bar Association, North Carolina Bar Association, and Louisiana State Bar Association. Mr. Gould earned his B.A. degree from the University of North Carolina at Chapel Hill and his J.D. degree from the University of North Carolina School of Law.

STEPHEN L. MILES is a member with Barrasso Usdin Kupperman Freeman & Sarver, L.L.C. Mr. Miles represents clients in high-stakes insurance coverage and bad faith litigation, as well as, in complex commercial litigation, both at the trial and appellate levels across the Gulf South and Southwest. He has handled a wide range of insurance coverage and bad faith lawsuits, as well as, environmental and toxic tort cases. Mr. Miles earned his B.A. degree from the University of Alabama, magna cum laude, and his J.D. degree, summa cum laude, from Tulane University Law School. He is a member of the Louisiana State Bar Association, American Bar Association and the Federal Bar Association (New Orleans Chapter, member). He has been recognized as a leading lawyer in the state by Louisiana Super Lawyers, and has been named to Benchmark Litigation’s Under 40 Hot List for 2016 and 2017.

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