Insurance and Bad Faith Litigation in Fire Loss Cases

Omar Ochoa | Omar Ochoa Law Firm

Omar Ochoa has been nationally recognized as one of the best young trial lawyers in the country. He’s represented clients in federal and state courts and arbitrations throughout the United States and internationally. He is highly experienced in a wide range of complex litigation and has handled a variety of cases including antitrust, class actions, insurance matters, securities, oil and gas, trade secrets, construction law, environmental law, qui tam, the Fair Credit Reporting Act, employment matters, private equity transactions, and breaches of contract. He has recovered hundreds of millions of dollars for clients of all types, from individuals to mid-sized business owners to multi-national companies. He is highly experienced in property-related litigation including 1st party insurance disputes and negligent property damage matters.

I. Insurance Coverage, Investigation, and Arson | 2:00pm – 3:00pm

• Insurance coverage for fire losses
  • Common coverage issues in fire loss claims (policy exclusions, duty to cooperate, etc.)
  • How to handle claims for insufficient coverage and the insurer’s burden of proof
  • Key coverage limitations and exclusions (e.g., arson, fraud, misrepresentation)
• The investigation process: Techniques and pitfalls
  • NFPA 921 standard and the role of fire investigators in determining the cause and origin of the fire
  • Common mistakes in the investigation process (bias, inadequate documentation) and how they affect the coverage decision
• Arson claims and defenses
• Arson claims: Legal elements of proving arson (means, motive, opportunity)
• How to assert or challenge arson claims using circumstantial evidence

Break | 3:00pm – 3:10pm

II. Bad Faith Litigation and Expert Testimony | 3:10pm – 4:10pm

• Bad faith claims: From coverage denial to litigation
  • How bad faith arises in fire loss claims (wrongful denial, failure to properly investigate)
  • Legal standards for proving bad faith and key examples from case law
  • Effective strategies for asserting or defending bad faith claims in fire loss litigation
• Presenting and cross-examining experts in fire loss litigation
  • Key expert witnesses involved in fire loss and arson claims (fire investigators, engineers, forensic experts)
  • Strategies for presenting expert testimony effectively to support your case