Partner Rich Gable presented “Defending the Property Bad Faith Case: The Best Defense is a Good Offense” at the Federation of Defense & Corporate Counsel (FDCC) Summer Meeting. This presentation took place on August 1st, 2019 in Sun Valley, Idaho.
This presentation focused on the cooperation clause and anti-fraud/anti-misrepresentation clauses that exist in most policies, recent case law dealing with those clauses, and how to most effectively implement them to go on offense in defending bad faith property cases. It also discussed how some states have applied the covenant of good faith and fair dealing to the insured as well as the insurer – another weapon for the defense practitioner.