Order the 2006 Seminar Handbook with Supplement of recent cases
The Quisenberry Law Firm works year round to gather information for its seminar and accompanying handbook. This year's handbook, Insurance Bad Faith Litigation in an Era of Tort Reform, and the supplement, 2005 Notable Cases, are useful guides on trying and settling insurance bad faith cases. The books also offer helpful information on construction defect cases and class actions. The handbook contains 20 attachments providing examples of complaints, motions, briefs, jury instructions and other documents that are useful to an attorney practicing in any of the areas addressed in the firm's seminar. The cost of the book and supplement, including shipping charges, is $50.
To place an order, please contact:
John Quisenberry310-785-7966
jquisenberry@quislaw.com
CHAPTER 1 BAD FAITH LAW: GENERAL OVERVIEW
I. INTRODUCTION
A. Rationale Behind Recognition of the Tort of Insurance Bad Faith
B. The Elements of a Bad Faith Cause of Action
C. First Party vs. Third Party Bad Faith
II. FIRST PARTY BAD FAITH PRINCIPLES
A. Tort Liability May be Imposed on an Insurer
B. Carrier’s Good Faith Duties Owed to the Insured
C. Insurer’s Breach Through Unreasonable Conduct
III. THIRD PARTY BAD FAITH PRINCIPLES
A. Introduction
B. The Insuring Agreement
C. The Duty to Defend
D. The Duty to Settle or Indemnify
IV. INSURANCE COMMISSIONER’S REGULATIONS
A. Implementing the California Unfair Claims Settlement Practices Act
B. Key Regulations
CHAPTER 2 DAMAGES
I. CONTRACT DAMAGES
A. Definition of Contract Benefits in an Insurance Bad Faith Case
II. BAD FAITH DAMAGES
A. Bad Faith Damages are Tort Remedies
B. Emotional Distress Damages
C. Attorney’s Fees and Costs
III. PUNITIVE DAMAGES
A. Punitive damages are available in insurance bad faith actions under Civil Code section 3294
B. State Farm Mut. Auto. Ins. Co. v. Campbell, 123 S. Ct. 1513 (2003)
C. California Cases Following Campbell
D. Issues to Keep in Mind in Light of Campbell
CHAPTER 3 PROPERTY INSURANCE
I. TYPES OF COVERAGE
A. “All-Risk” Policies v. “Named Peril” Policies
II. INITIAL HURDLES FOR THE INSURED
A. Introduction
B. Who is the Insured?
C. Causation in First Party Claims
D. What is Damaged Property?
E. Measure of Recoverable Damage
III. INSURERS’ DEFENSES TO COVERAGE: CONTRACT DEFENSES
A. Introduction
B. Intentional Acts
C. Criminal Acts
D. Ordinance or Law Provisions
E. Causation
F. The One-Year Statute of Limitations of Section 2071
G. Insured’s Breach of Conditions Precedent to Coverage
H. Insured’s Failure to Cooperate
I. Misrepresentation or Concealment
IV. INSURERS’ DEFENSES TO BAD FAITH
A. No Benefits Owed to the Insured
B. There is a Genuine Dispute Regarding the Facts or Law
C. The Advice of Counsel Defense
D. Insured’s Misrepresentation or Concealment
E. The Appraisal Process
V. USING EXPERTS TO DETERMINE PROPERTY DAMAGE
A. Introduction
B. Hiring Experts
C. What Experts Do You Need?
D. Experts and Establishing the Cost of Repair
CHAPTER 4 LIABILITY INSURANCE
I. THE SCOPE OF COVERAGE
A. The Basic Insuring Agreement for “Bodily Injury” and “Property Damage”
B. Insuring Agreement for “Personal Injury” and “Advertising Injury”
C. Liability Insurer’s Duties Towards the Insured
D. The Types of Damage Covered
E. Scope of Coverage May Extend to Actions for Breach of Contract
II. DUTY TO DEFEND
A. The Basics
B. “Mixed” Actions and the Allocation of Defense Costs
C. Reserving the Right to Obtain Reimbursement
D. Insurer’s Counsel, Cumis Counsel, California Civil Code Section 2860, and Conflicts of Interest
E. Wrongful Refusal to Defend
F. Administrative Proceedings vs. Civil Lawsuits
G. Frivolous Claims
H. Intentional Acts
I. Vicarious Liability Coverage For Intentional Acts of Others
J. Defense of Other Intentional Acts
K. “Illegal Acts” v. “Criminal Acts”
L. Consequences of Insurer’s Failure to Provide a Defense
III. DUTY TO INDEMNIFY
A. The Basics
B. Settlements
C. Intentional Acts: Indemnity
D. Administrative Proceedings vs. Civil Lawsuits
IV. THE COMPREHENSIVE GENERAL LIABILITY POLICY AND ENVIRONMENTAL COVERAGE
A. The accident-based CGL policy
B. The 1966 occurrence-based CGL policy
C. The current CGL policy
CHAPTER 5 MOTORIST COVERAGE
I. OVERVIEW
A. Uninsured and Underinsured Motorist Coverages Defined
B. Uninsured and Underinsured Motorist Coverages Are Statutorily Required
II. RESOLVING COVERAGE DISPUTE
A. The Arbitration Clause
B. Carrier’s Rights to Offset and Subrogation
C. Insurance Carrier’s Right to a Medical Payment Setoff
D. Misrepresentation and Rescission
E. Recovery of Non-Economic Damages by Uninsured Motorists
III. BAD FAITH ISSUES COMMON TO UM/UIM COVERAGE DISPUTES
A. Introduction
B. Carriers’ Specific Duties to Insureds
C. Bad Faith Abuse of the Arbitration Process
CHAPTER 6 HEALTH INSURANCE
I. INTRODUCTION
A. Health Maintenance Organizations (HMOs)
B. Continued Consolidation in the Health Care Industry
II. ERISA HAS PREVIOUSLY PROTECTED HMOs
A. ERISA Explained
B. Exceptions to ERISA Preemption
C. The Insurance Savings Clause
III. STATUTORY LIABILITY
A. The Insured’s Right to Sue (Cal. Civ. Code § 3428)
B. Procedural Hurdles
C. Will The New Legislation Be Preempted by ERISA?
D. The Supreme Court Test
IV. ARBITRATION AND HEALTH CARE PLANS
ATTORNEYS
PRACTICE AREAS
