Information Release

Contact: Hugh Strawn

November 18, 2015

"Avoiding Bad Faith Set-Up" Recording Online

PLRB Casualty Claims Challenges Webinar Series

Many states have created a duty for an insurer to settle a liability claim. The consequences of not settling can be dire, with the possibility of liability for bad faith. The Property & Liability Resource Bureau's Casualty Claim webinar, "Avoiding the Bad Faith Set-Up" will help you recognize the signals that a bad faith set-up may be underway.

A recording of the webinar is online and available exclusively for employees of PLRB member companies, as well as Affiliate members.

Bad faith damage awards can be large, often including the amount of an excess verdict, plus attorney's fees and punitive damages. Knowing this, plaintiffs' lawyers sometimes try to "set-up" insurers by making limits demands that are specifically designed to be denied. Their hope is to eventually file a bad faith suit against the insurer.

Classic signs of a bad-faith set-up are limits demands early in the claim, short deadlines, and backdated letters. "Avoiding Bad Faith Set-Up" will help you learn how to protect against such an attempt by watching out for these warning signs, how and who to communicate with when demands are made, how to investigate the demand, and how and when to respond.

During the webinar, viewers will learn:

  • Why a claimant's attorney would want to set an insurer up for bad faith;
  • The standards for bad faith failure to settle in most states;
  • What facts may give rise to bad faith liability for failure to settle a claim;
  • Warning signs that claimant's attorney is seeking to set the insurer up to fad faith, rather than settling the claim; and
  • Claims handling practices to minimize the possibility of being set up.

"Avoiding Bad Faith Set-Up" was presented live November 12, 2015, as part of the PLRB Casualty Claims Challenges Webinar series.

The presenters are insurance coverage and bad faith defense counsel Rina Carmel, Partner at the Zelle McDonough & Cohen LLP law firm in Los Angeles, and Demetrius E. Rush, Vice President and Assistant General Counsel at Zurich North America.

The Webinar is available online at by clicking here.

The PLRB Casualty Claims Challenges webinar series began in the Fall. Webinar sessions offered included: "Concurrent (Coverage and Liability) Investigations," "Construction Defects, Business Risk Exclusions," as well as "Bad Faith Setups."

The final segment in the series will be "Handling High Value Bodily Injury Cases: Part II" on January 14, 2016.

The Property & Liability Resource Bureau is a not-for-profit association of property and casualty insurance companies. It is located in Downers Grove, Illinois.