Policyholder attorneys should make a point to attend the day-long meeting of the Bad Faith Insurance Litigation Group which will be held on July 27, during the American Association for Justice Annual Convention in San Francisco. I Chaired this Litigation Group over a decade ago and regularly return to the meetings and learn information from colleagues helpful for my clients’ cases. If you represent policyholders and take your professional development seriously, this is a group you have to join–it makes you a better advocate for your client.

I am going to suggest that we change the name to the Insurance Claims Practice Litigation Group. I think it better describes the information we share and the concern that we have to help people who have been harmed by wrongful claims practices. Indeed, as adjusters are obligated to act in utmost good faith, I have no reason why we call it “Bad Faith.” Everybody’s concern, including the claims managers in the insurance industry, should be adjusters failing to carry out their obligations in “Good Faith.”

Hope to see you in San Francisco. Here is the agenda of the meeting:

Continental Parlor 7-8 (Ballroom Level, Hilton San Francisco)
Chair and moderator:
Patrick H. LePley, WA

Program Theme: Recovering Damages in a Difficult Litigation Environment

  • 8:30 am Opening Remarks
  • 8:45 am Making the Successful Claim for Emotional Stress Damages Recoveries in an Insurance Case: A. Richard Maloney, WA
  • 9:15 am Helping the Client Who Is the Victim of a Catastrophic Loss Obtain Funds Quickly: Kelly L. Kubiak, FL
  • 9:45 am Panel: Dealing with the Carrier’s Claim That Your Client Has Committed Fraud or Made a Class A Material Misrepresentation: Patrick H. LePley, WA; Charles M. Miller, CA;
    David J. Pettinato, FL
  • 10:15 am Punitive Damages, State Consumer Protection Statutes with Damage Remedies, and the Fallout from the Campbell Case:  Kenneth R. Friedman, WA
  • 10:45 am Subrogation Clauses in ERISA Plan Documents: When They Can Be Enforced and When the Make Whole Doctrine Can Prevail:  Mark D. DeBofsky, IL
  • 11:15 am Adjourn
  • Lunch
  • 1:30 PM Closed Session
  • 4:30 End of Meeting