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Bad Faith Failure to Settle: What Every Litigator Should Know (CD)


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How They Work

MCLE: 1 hour 

This seminar, recorded February 17, 2021 discusses: 

What is bad faith failure to settle?

  • Policy background in California
  • Bad faith failure to settle sources of law
  • Why care about bad faith failure to settle

When does an insurer owe a settlement duty?

  • CACI 2334
  • Covered Claim
  • Reasonable Settlement Demand
  • Monetary Judgment
  • Coverage denial all is not lost but proceed with caution
  • Common law rules
  • Contract-Law principles
  • Bad faith damages

Practical considerations making and responding to a settlement demand

  • Considerations when making demand
  • Considerations when drafting a demand
  • How to make a demand
  • How not to do demand
  • What to offer and why
  • What to give and why
  • Terms of acceptance
  • Typical responses to policy limits demands
  • Plaintiff communications: Responding to insurer
  • Collecting on open limits claims
  • Typical defenses to o pen policy claims 

Hot button and emerging issues

  • Reasonableness of insurer’s refusal to settle
  • Insurer’s duty to offer limits
  • Tendering limit as affirmative defense
  • Defense counsel’s mishandling of demand 

Program materials included. Speakers: Jason Fowler, Esq., Daniel Eli, Esq.  Recorded February 17, 2021. MCLE Credit: 1 hour 

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Programs by MCLE Approved Providers:

San Fernando Valley Bar Association (#451)

Pasadena Bar Association (#531)

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