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Product ID: 405457EAU
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Bad Faith Insurance Claims in Construction Disputes

OnDemand Webinar (92 minutes)

Gain an understanding of potential insurance bad faith claims and liabilities that can arise from coverage disputes.It's virtually impossible to have a construction defect case without insurance entering into the equation. Whether through primary or additional insured coverage, owners and developers, general contractors, and subcontractors all rely on insurance to protect them when things go wrong. It is therefore no surprise that construction defect cases are rife with insurance coverage disputes. This topic is designed to help you understand the potential insurance bad faith claims and liabilities that can arise from those coverage disputes. Among other things, we will explore what constitutes insurer bad faith, what kind of conduct can lead to an insurer bad faith claim, and what sort of remedies are available when an insurer acts in bad faith. We will also discuss the various bad faith issues and pitfalls that can arise during a multiparty litigation that is so common in the construction industry.


Thomas M. Williams, Harper Hayes, PLLC


Bad Faith Liability Generally

• Contractual vs. Extra-Contractual Liability

• Standards to Establish Bad Faith

Bad Faith in Third-Party Policies

• Types of Third-Party Policies

• Duty to Defend

• Duty to Indemnify

• Duty to Attempt Settlement

• Common Exclusion Pitfalls

• Contrast With First-Party Policies

Multi-Party Litigation

• Additional Insured Conflicts

• Affirmative Claims

• Selective Tender

Remedies for Bad Faith Conduct

• Coverage by Estoppel

• Attorneys' Fees and Costs

• Other Potential Remedies