Virtual
Richard W. Boone, Jr. (Partner-New York, NY) will present on the live BarBri CLE webinar panel “Bad Faith Litigation and Ignorance of the Law: Meeting an Insurer's Duty to Know the Law Without Losing Privileges” on August 26, 2026. The panel will tackle one of the most consequential intersections in insurance law today. Claims adjusters have a duty to understand the applicable law when evaluating and denying claims, and ignorance will not shield an insurer from a bad faith finding. Yet the steps insurers take to meet that duty, particularly consulting coverage counsel, increasingly risk eroding the very privileges that protect their legal communications. The session delivers practical guidance on drafting defensible coverage letters that withstand judicial scrutiny, navigating the blurred line between claims adjusting and legal advice for privilege purposes, and defending against the fraud exception, at-issue waiver, and automatic waiver theories that policyholders use to pierce the privilege in bad faith actions. Featuring current case law and real-world strategies from both insurer and policyholder perspectives, the program equips both in-house and outside counsel to protect their clients’ interests in an evolving legal landscape.