1. TRENDS IN BAD FAITH CLAIMS IN PROFESSIONAL MALPRACTICE CLAIMS
Michael D. Handler  Brian Anderson
Member Senior Claims Attorney
Cozen O'Connor Wisconsin Lawyers Mutual Insurance Company
Timothy M. Fletcher, JD, CPCU Donald Patrick Eckler
Vice President Partner
Specialty Claims Line Pretzel & Stouffer, Chartered
Of Business Manager
Gen Re - Global Claims

2. WHAT IS BAD FAITH?
EXAMPLES ON THE SPECTRUM
COLORADO
WASHINGTON
ILLINOIS

3. THE DUTY TO DEFEND AND THE DUTY TO INDEMNIFY
DEFENSE UNDER RESERVATION OF RIGHTS
THE NEED TO PROVIDE INDEPENDENT COUNSEL (Cumis counsel)
DEFENSE WHERE THERE IS A NON-TRIVIAL PROBABILITY OF EXCESS JUDGMENT

4. TRIGGER OF DUTY TO SETTLE
ASSETS TO PROTECT FOR PROFESSIONAL DEFENDANTS

5. CONSENT JUDGMENTS
COVERAGE BY ESTOPPEL
ILLINOIS’ ESTOPPEL DOCTRINE

6. ETHICAL CHALLENGES OF HANDLING CLAIMS IN PROFESSIONAL LIABILITY CONTEXT WITH ERODING OR WASTING POLICIES
Situation with sufficient policy limits to coverage a potential judgment, no client consent, a good, but expensive defense to liability, that could erode the policy below sufficient limits to satisfy a judgment.  Duties of insurer and counsel.
Situation where are relatively low limits, no client consent, but not a good defense to liability.  The possibility of exercise of the hammer clause and recoupment of fees. 
Situation where there are relatively low limits, client consent to settle, but a good defense to liability.  The possibility of bad faith if the insurer does not settle within the remaining limit.