Catching the White Whale — Proving Insurance Bad Faith and Recovering Punitive Damages at Trial in the United States

Colin Kemp, Partner, Pillsbury Winthrop Shaw Pittman LLP, USA

On the heels of their $55.3 million insurance litigation victory in Victaulic Co. v. American Home Assurance Co. et al., Victaulic Company’s Chief Legal and Administrative Officer Mark Van De Voorde and Victaulic’s outside trial counsel Joseph D. Jean, Colin T. Kemp and G. Allen Brandt of Pillsbury Winthrop Shaw Pittman LLP, review strategies for taking an “insurance bad faith” case to trial before a jury in the United States. The article broadly outlines the importance of appropriate liability insurance to multi-national corporations, and the means by which in-house counsel can manage business risk through insurance and by working with their insurers. If and when, however, the relationship with an insurer breaks down, in-house counsel must lead their clients in preparing for trial. That takes planning and preparation, however. Based in part on their experience in the Victaulic litigation, the authors explain how to get ready for trial, outlining strategies for success, including utilizing the jury instructions and applicable law as guides, using the discovery process to marshal the evidence, and advancing themes and theories to tell a good, compelling story to the jury. Along the way, the authors provide a primer on U.S. insurance jurisprudence, highlight useful resources and identify pitfalls to avoid.

Colin Kemp (colin.kemp@pillsburylaw.com) is a partner in the Litigation group at Pillsbury and is based in the firm’s San Francisco office. An experienced trial lawyer who brings pragmatism, charisma, dedication and focus to his clients and their legal matters, his practice is split between representing insurance policyholders in coverage disputes and advising life sciences, biotechnology and medical device companies in intellectual property litigation. He holds a B.S. in Biology and Philosophy from Lewis & Clark College and a J.D., cum laude, from Santa Clara University School of Law.

Pillsbury Winthrop Shaw Pittman LLP is a leading international law firm with offices around the world and a particular focus on the energy & natural resources, financial services, real estate & construction, and technology sectors. Recognized by Financial Times as one of the most innovative law firms, Pillsbury and its lawyers are highly regarded for their forward-thinking approach, their enthusiasm for collaborating across disciplines and their unsurpassed commercial awareness. For more information, visit www.pillsburylaw.com.