Insurance Litigation & Regulatory Law Blog

Partner Michael Newman will be a panelist, along with Forrest S. Latta, partner, Burr & Forman LLP, at the 2012 ACI Bad Faith Litigation Conference (November 28-29, 2012 | Orlando, FL).

Michael and Forrest will speak on: Mitigating the Potential for Punitive Damages and Responding to Punitive Damage Claims When They Arise.

• Recent punitive damage verdicts and appeals
• Current federal constitutional limitations on punitive damages
• State caps and other procedural restrictions on punitive damages: state statutory limitations on punitive damages; state judicial limitations on punitive damages; trends – statutory versus judicial limitations
• How insurance companies can proactively guard against punitive damages
  • Bad faith cases are statistically the most dangerous (RAND)
  • How to recognize a dangerous bad faith case
  • The emotional and factual drivers common to every bad faith verdict
  • Procedural pitfalls to be avoided in defending punitive claims
  • Early motions and discovery in preventing the punitive award
  • Discoverability of the insurer’s fi nancial statements and other intrusive requests
  • Strategies for keeping punitive damage claims from reaching the jury
  • Post-verdict strategy for reducing punitive damages
• Punitive damages in settlement negotiations
  • Should punitive damages be considered in settlement?
  • Evaluating the bad faith punitive damages claim
  • Related conflicts of interest
• New rules impacting jurisdiction and venue in bad faith cases
  • Why jurisdiction and venue matters in punitive damage cases
  • Recent federal changes under the JVCA
  • How federal removal jurisdiction has expanded

If you would like more information on this presentation, please contact Michael Newman.