Bad Faith Developments In the West: An Update
Joyce C. Wang, Charles M. Clark, and Rina Carmel| ACI Bad Faith Litigation Conference | November 2007
This article will summarize the general principles of bad faith law, and discuss recent developments, in Arizona, California, Nevada, Oregon and Washington State. Full Text (PDF)

At Cross Purposes
Asim K. Desai and Rina Carmel
Using Cross-Examination to Defend against the Policyholder's Attacks at Trial. Full Text (PDF)

The Waning Wisdom of Appraisal? Let's Talk: Three Regional Perspectives
Joyce C. Wang with Janet L. Brown and Rick L. Hammond | Critical Issues for Senior Insurance Executives and In-house Counsel Jointly Sponsored by PLRB; LIRB & FDCC
This presentation will focus upon the procedural aspects of the appraisal process, its substance or scope, and also its effect or enforceability. Other peripheral issues such as attorneys' fees, costs and pre-judgment interest will also be addressed. Full Text (PDF)

Third Party Bad Faith and Punitive Damages
Asim K. Desai and Ronald H. Bae | PLRB/LIRB National Claims Conference, Nashville, Tennessee, | April 2006
This article presents an overview of traditional and non-traditional "third party" or "liability insurance" Bad Faith principles and damages, as well as Punitive Damage principles and parameters. Full Text (PDF)

Hot Topics with Additional Insureds in Construction Defect Litigation, "Field of Defects- If They Built It They'll Be Sued." And They will Tender
Asim K. Desai | Insurance Bad Faith Claims in Nevada, Las Vegas, Nevada, | February 2006
This article explains recent bad-faith set up trends from around the nation, applies them to Nevada insurance coverage and bad faith law principles, and explains how to spot, and address them. Full Text (PDF)

How to Try a Suit in the Court of Public Opinion After a Catastrophic Event
Joyce Wang and David Graeven, Ph.D., | Mandalay Bay Casino and Resort Las Vegas, | October 2005
This article discusses jury perceptions following a disaster, venue issues and restrictions, successful tactics used to influence a jury in your favor.

Full Text (PDF)

Ethical Disputes Arising Out of the Handling of Insurance Coverage Claim Involving Multiple Policyholders
Asim K. Desai and Keith Turner | Mealey's Additional Insured Conferences, Pasadena, California, | May 2005
This article addresses and explains issues relating to/and arising out of additional insured endorsements and multiple policyholders including conflicts of interest, separate defense counsel, separate claims handling, expense issues and Model Rule 1.7 Conflict of Interest: Current Clients. Full Text (PDF)

Unauthorized Practice of Law by Adjusters and Third Party and First Party Bad Faith
Asim K. Desai and Howard Smith | PLRB/LIRB National Claims conference, San Antonio, Texas , | May 2005
Full Text (PDF)

Creative and New Strategies Related to the Advice of Counsel Defense: Using the Lawyer as Investigator
Joyce C. Wang | American Conference Institute | April 2005
Full Text (PDF)

Knocking Down the Bad Faith Set-Up
Asim K. Desai | Insurance Coverage and Claims Institutes, Chicago, Illinois, | April 2005
Five-Day Demands. No-Information Tender Letters. Stipulated Judgments, "Actual Trials" and Covenants not to Execute: this article explains the most recent bad-faith set up tools designed to unscrew the caps off policy limits, as well as how best to respond. Full Text (PDF)

An Overview of Third Party and First Party Insurance Bad Faith: When is an Insured Entitled to Extra-Contractual and/or Punitive Damages
May 2003 | Asim K. Desai, Howard Smith
Precis: The hybrid contract/tort claim known as "bad faith" continues to evolve. This article presents an overview of "bad faith," and attempts to set forth practical claims handling advice to minimize bad faith exposures. Full Text (PDF)

Coverage Issues in Mold Claims
April 2003 | by Joyce Wang, Patrick M. Quigley
Precis: Mold is an issue claims professionals have to be prepared to handle. This paper addresses part of the coverage analysis process: What caused the loss; and when can an insured claim that mold is a covered ensuing loss? This article will also examine ensuing losses specifically in the context of the faulty workmanship and defective design exclusions and review some of the case law that may impact these types of losses. Full Text (PDF)

Dropping the Baton: Bad Faith Claims by Excess Against Primary and Lower Excess Layers
March 2003 | by Joyce Wang, Henry Su
Precis: This article discusses the potential liability of primary and lower level excess insurers for bad faith against higher level excess insurers. Full Text (PDF)