Ashley Harris | Property Insurance Coverage Law Blog | March 31, 2018 I’ve previously discussed Georgia’s bad faith demand requirements in Georgia Unfair Claims Handling. A recent Georgia appellate court opinion1 highlights how strictly OCGA § 33-4-6 is construed by the courts. OCGA § 33-4-6 provides, in relevant part: In the event of a loss which is… Continue reading Georgia’s Bad Faith Demand Requirements
Tag: Bad Faith
In Washington, an Insurer Cannot Refuse to Defend, Change Its Mind, and Still Expect to Control the Defense or Avoid Bad Faith
Kevin Mapes | The Policyholder Report | February 20, 2018 A recent decision from the U.S. District Court for the Western District of Washington again demonstrates the decidedly pro-policyholder nature of insurance-coverage law in the state of Washington. Like so many coverage cases, 2FL Enterprises, LLC v. Houston Specialty Insurance Co., arose from underlying construction-defect litigation.… Continue reading In Washington, an Insurer Cannot Refuse to Defend, Change Its Mind, and Still Expect to Control the Defense or Avoid Bad Faith
Not Every Refusal to Provide Coverage Equals Bad Faith
Cheryl D. Shoun | Nexsen Pruet | January 30, 2018 A complicated and interesting factual history, along with a number of actions, including an earlier one for declaratory judgment, resulted in a thoughtful and reasoned opinion of the United States District Court for South Carolina. Agape Senior Primary Care, Inc. v. Evanston Insurance Company 2018 WL 490386… Continue reading Not Every Refusal to Provide Coverage Equals Bad Faith
Good Faith, Bad Faith, No Faith: Will a Subjective Good Faith Standard Influence How Litigants Approach Mediation?
Brian J. Laliberte | Tucker Ellis | November 16, 2017 I. Introduction Mediation as a dispute resolution mechanism does not succeed because courts, statutes, or rules impose a good faith standard on participants or sanction bad faith conduct. Mediation succeeds because litigants and their lawyers prepare their case, know their objectives, and work to achieve… Continue reading Good Faith, Bad Faith, No Faith: Will a Subjective Good Faith Standard Influence How Litigants Approach Mediation?
Bad Faith Claim Handling – How to Avoid it Without Simply Paying All Insurance Claims
A. David Fawal | Butler Snow | November 7, 2017 “Bad faith” – just the sound of it can bring fear to even the most experienced claim adjuster. And for good reason. In many states, an allegation of bad faith in claim handling or a claim decision can bring with it the threat of punitive… Continue reading Bad Faith Claim Handling – How to Avoid it Without Simply Paying All Insurance Claims