bad faith claims News

Georgia’s Latest Effort on Plaintiff Demands Aims to Deter Bad-Faith Claims

Georgia lawmakers have approved two bills that could have a significant impact on windstorm and bad-faith claim losses for property insurers. First, the bad-faith reform legislation. Auto insurers have for years fought for changes to Georgia’s auto claims-handling statutes, after …

Fla. Tort Reform Bill Aims to Pick Up Where Lawmakers Left Off

Outside of insurance attorneys, plaintiffs’ lawyers and some doctors, few people in Florida may be familiar with what are known as letters of protection. But critics say the instruments, in which doctors agree to take a share of the judgment …

Viewpoint: Ariz. Ruling Sets Standard for Aiding and Abetting Bad Faith Claims

The Arizona Court of Appeals recently analyzed a question that often plagues the removal of an insurance bad faith case to federal court: What is the standard to state a claim against an alleged aider and abettor of a bad …

Worker Who Blames Carrier for Suicide Attempt Can’t Sue in Tort

An injured worker may not pursue a tort claim against a workers’ compensation carrier that he accuses of negligence by denying payment for antidepressants, prompting him to attempt suicide, the Wisconsin Court of Appeals ruled. The court’s District III on …

Washington Court Rules on Discoverability of Insurer’s Claim File by Third Parties

In 2013 the Washington Supreme Court found that an insurance company’s claim file was presumptively not privileged in disputes between insurance companies and their insureds unless the insurance company could demonstrate that the attorney-client aspects of the file involved the …

Tips on Handling the Latest Bad Faith Trends

Institutional attack, reptile theory and rules of the road are three recent bad faith trends, according to Douglas Wood, partner and Insurance Group Practice leader for Morris, Polich and Purdy. Purdy, sat down with Claims Journal during the most recent …

Going on the Offensive in Defending Bad Faith Claims

Effectively Limiting and Eliminating Bad Faith Claims by Leveraging Offensive, Aggressive Written Discovery Insurance bad faith claims are one of the most contentious and hardest fought types of lawsuits in all of civil litigation. In particular, a great deal of …

Florida High Court: Citizens Property Insurance Immune From First Party Bad Faith Claims

In Citizen’s Property Ins. Corp. v. Perdido Sun Condominium Ass’n, Inc., 164 So.3d 663 (Fla. 2015), the Florida Supreme Court held that Citizens Property Insurance Corporation, a state-created entity that provided property insurance, was immune from liability for statutory first-party …

The Ins and Outs of Bad Faith Claims in Florida

Coverage, liability and damages analyses are the three common themes of Florida third party bad faith cases, according to two southeast Cozen O’Connor attorneys. The attorneys presented on the subject during a two-part webinar offering claims handling tips in the …

Could Medpay be the Latest Target in California Bad Faith Claims

Could a recent court decision in a California appeals court lead to an increase in bad faith claims relating to medical payments (medpay) coverage? It depends, according to two experienced California coverage attorneys. The California Court of Appeals, third appellate …