Course / Program Material 2007 TIPS 15th Annual Insurance Coverage Litigation Committee Program - Tucson AZ
Marc separately tackles the dilemma lawyers face when called as witnesses in bad faith trials. As a result, policyholder counsel needs to consider whether they should be the person who interacts with the insurance company's representatives because of the risk of being disqualified from serving as trial counsel for our clients. The potential for disqualification of the policyholders' lawyer stems in part from the fact that the settlement discussions with the insurance company are admissible in bad faith cases. Marc states that many lawyers and claims handlers seem surprised that settlement discussions to resolve an insurance claim constitute evidence in bad-faith cases and point to the settlement "privilege" as a shield.
Dealing with insurance companies in the resolution of complex and contentious claims requires, as in chess, that one see the whole board, which includes understanding the risk that the policyholder's selected counsel might later be the target of a motion to disqualify as a key witness to the insurance company's bad-faith tactics. Marc's paper offers a great perspective on dealing with the challenge of being called as a witness in bad faith trials.
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