The Zurich Court went on to address "what sorts of post-filing conduct by an insurer will be admissible in a bad faith action." "Our preferred rule as to what evidence of post-filing conduct may be admissible in a bad faith action is best summed up as follows:
In principle, an insurer's duty to settle should continue after the commencement of litigation . If the insurer were immunized for objectional settlement conduct occurring after litigation begins, the insured would be left without a remedy. It makes sense, therefore, to hold the insurer responsible for such conduct...The Court further emphasized "that before admitting evidence of post-filing behavior, courts must be careful to weigh the probativeness of the proposed evidence against its potential for prejudice, as required by KRE 403." Therefore, while litigation strategy or trial tactics may not be admitted to show bad faith, evidence of its settlement behavior may be. This evidence is not automatically admissible, but subject to a KRE 403 analysis.