BEGIN:VCALENDAR VERSION:2.0 METHOD:PUBLISH PRODID:-//Telerik Inc.//Sitefinity CMS 13.3//EN BEGIN:VTIMEZONE TZID:Eastern Standard Time BEGIN:STANDARD DTSTART:20231102T020000 RRULE:FREQ=YEARLY;BYDAY=1SU;BYHOUR=2;BYMINUTE=0;BYMONTH=11 TZNAME:Eastern Standard Time TZOFFSETFROM:-0400 TZOFFSETTO:-0500 END:STANDARD BEGIN:DAYLIGHT DTSTART:20230301T020000 RRULE:FREQ=YEARLY;BYDAY=2SU;BYHOUR=2;BYMINUTE=0;BYMONTH=3 TZNAME:Eastern Daylight Time TZOFFSETFROM:-0500 TZOFFSETTO:-0400 END:DAYLIGHT END:VTIMEZONE BEGIN:VEVENT DESCRIPTION:When: Thursday\, October 3\, 20194:00 p.m. to 6:00 p.m. \;\ nLocation: Social Law Library\, Boston\, MA\nProgram Fee: $65\n\nCo-sponso red with Lawyer&rsquo\;s Weekly\n\nHon. Brian A. Davis\, Superior Court\nS ean T. Carnathan\, O&rsquo\;Connor\, Carnathan &\; Mack LLP (program ch air)\nand author of Massachusetts Bad Faith Insurance Litigation : the law of chapter 176D (Lawyer&rsquo\;s Weekly\, Inc. 2016.) \nMartin Pentz\, Fo ley Hoag LLP\nDaniel P. Tighe\, Donnelly\, Conroy &\; Gelhaar\, LLP\nAl legations of insurer bad faith inevitably lead to recurrent discovery issu es. Issues arise in every case concerning discovery of claims files\, poli cies and procedures\, reserves\, other coverage determinations\, internal correspondence\, and the application and scope of attorney-client privileg e and work product protections. What are the key puzzle pieces for each of these issues?\n\n&bull\; The Claims File &ndash\; Every bad faith litigan t demands production of the claims file and typically it will be produced\ , but often with material redacted or withheld. What parts of a claims fil e is the insurer entitled to withhold or redact? What parts of a claims fi le are privileged? What is the proper scope of the required production?\n\ n&bull\; Policies and Procedures &ndash\; Insurers routinely object to pro duction of their policies and procedures. To what extent are they right an d entitled to do so? When they are produced\, is the insurer properly enti tled to insist they be kept confidential?\n\n&bull\; The Underwriting File &ndash\; When is it relevant to a bad faith claim? What does the policyho lder look to learn and why would an insurer resist producing it?\n\n&bull\ ; Reserves &ndash\; are they discoverable? To what extent are they relevan t in any event?\n\n&bull\; Internal Correspondence &ndash\; Where does the litigation/work product line get drawn?\n\n&bull\; Attorney-Client Privil ege &ndash\; To what extent are the insurer&rsquo\;s communications with c ounsel discoverable? Does it depend on whether the insurer asserts advice of counsel as a defense? If the insurer involves outside counsel early in the process\, does that insulate other correspondence or parts of the clai ms file from discovery?\n\n&bull\; Third-Party Claims &ndash\; How do the issues change when a third party brings the claim\, rather than the policy holder? What if the insured and insurer disagree about coverage\, whether liability is reasonably clear\, the value of the claim\, and/or whether t o settle or for how much?\n\nOnline registration is encouraged. For assist ance\, questions on group discounts\, accommodations requests\, special bi lling\, program content\, out-of-state CLE credits\, and general CLE infor mation contact Michael Saporito at 617-226-1343 or msaporito@socialaw.com. Space is limited. Registrations accepted in order of receipt. Same day re gistrations are $5.00 extra. Registration fees are non-refundable. Registr ants for this program acknowledge that during the program their photograph ic or videographic images may be incidentally taken\; registrants agree th at the submission of their registrations for this program constitutes thei r written consent to the Social Law Library&rsquo\;s use of any such image in print and online materials solely for promotion of the Library&rsquo\; s noncommercial CLE seminars and other educational events and activities. DTEND:20191003T220000Z DTSTAMP:20240328T212553Z DTSTART:20191003T200000Z LOCATION: SEQUENCE:0 SUMMARY:Recurrent Discovery Issues in Insurance Bad Faith Litigation UID:RFCALITEM638472435530979659 X-ALT-DESC;FMTTYPE=text/html:
When: Thursday\, October 3\, 20194:00 p.m. to 6:00 p.m. \;
\n
\nPro
gram Fee: $65
Co-sponsored with Lawyer&rsquo\;s Weekly
\n
\n
Hon. Brian A. Davis\, Superior Court
\nSean T. Carnathan\,
O&rsquo\;Connor\, Carnathan &\; Mack LLP (program chair)
\nand au
thor of Massachusetts Bad Faith Insurance Litigation : the law of chap
ter 176D (Lawyer&rsquo\;s Weekly\, Inc. 2016.)
\nMartin Pentz\,
Foley Hoag LLP
\n
Allegations of insurer bad faith ine
vitably lead to recurrent discovery issues. Issues arise in every case con
cerning discovery of claims files\, policies and procedures\, reserves\, o
ther coverage determinations\, internal correspondence\, and the applicati
on and scope of attorney-client privilege and work product protections. Wh
at are the key puzzle pieces for each of these issues?
\n
\n&bul
l\; The Claims File &ndash\; Every bad faith litigant dem
ands production of the claims file and typically it will be produced\, but
often with material redacted or withheld. What parts of a claims file is
the insurer entitled to withhold or redact? What parts of a claims file ar
e privileged? What is the proper scope of the required production?
\n
\n&bull\; Policies and Procedures &ndash\; Insurers
routinely object to production of their policies and procedures. To what
extent are they right and entitled to do so? When they are produced\, is t
he insurer properly entitled to insist they be kept confidential?
\n<
br />\n&bull\; The Underwriting File &ndash\; When is it
relevant to a bad faith claim? What does the policyholder look to learn an
d why would an insurer resist producing it?
\n
\n&bull\; Reserves &ndash\; are they discoverable? To what extent are they
relevant in any event?
\n
\n&bull\; Internal Correspond
ence &ndash\; Where does the litigation/work product line get dra
wn?
\n
\n&bull\; Attorney-Client Privilege &nda
sh\; To what extent are the insurer&rsquo\;s communications with counsel d
iscoverable? Does it depend on whether the insurer asserts advice of couns
el as a defense? If the insurer involves outside counsel early in the proc
ess\, does that insulate other correspondence or parts of the claims file
from discovery?
\n
\n&bull\; Third-Party Claims
&ndash\; How do the issues change when a third party brings the claim\, r
ather than the policy holder? What if the insured and insurer disagree abo
ut coverage\, whether liability is reasonably clear\, the value of the cla
im\, and/or whether to settle or for how much?
\n
\nOnline r
egistration is encouraged. For assistance\, questions on group discounts\,
accommodations requests\, special billing\, program content\, out-of-stat
e CLE credits\, and general CLE information contact Michael Saporito at 61
7-226-1343 or msaporito@socialaw.c
om. Space is limited. Registrations accepted in order of receipt. Same
day registrations are $5.00 extra. Registration fees are non-refundable.
Registrants for this program acknowledge that during the program their pho
tographic or videographic images may be incidentally taken\; registrants a
gree that the submission of their registrations for this program constitut
es their written consent to the Social Law Library&rsquo\;s use of any suc
h image in print and online materials solely for promotion of the Library&
rsquo\;s noncommercial CLE seminars and other educational events and activ
ities.