Patrick Gorman | Jones, Skelton & Hochuli Iglesia v. BrotherhoodArizona Court of AppealsApril 12, 2022 In cases alleging bad faith against an insurance carriers, policyholders will often sue employee adjusters or contractors (independent adjusters, engineers, experts) of the insurance carrier to keep the case out of federal court. In a legal sense, policyholders sue the… Continue reading Arizona Appellate Court to Consider Standard for Aiding and Abetting Bad Faith Claims
Tag: Insurance Bad Faith
When an Insurer Fulfills its Promises There Can Never be “Bad Faith”
Barry Zalma | Zalma on Insurance It is Contumacious to Sue an Insurer Who Fulfills all Promises Made by its Policy An insurance contract is nothing more than mutual promises made by the insurer to the insured and from the insured to the insurer. When an insurer keeps all of the promises it made, settles… Continue reading When an Insurer Fulfills its Promises There Can Never be “Bad Faith”
Can a Settlement Demand Above Policy Limits Fall within Limits? A Calif. Appellate Court Says Yes
Michael Melendez and Rebeka Shapiro | Cozen O’Connor California law generally requires that an insurer reject a reasonable settlement demand within the policy limits before it can be liable for a bad faith failure to settle. See Samson v. Transamerica Ins. Co., 30 Cal.3d 220, 237 (1981). But a recent California Court of Appeal (4th Dist.)… Continue reading Can a Settlement Demand Above Policy Limits Fall within Limits? A Calif. Appellate Court Says Yes
Admissibility of Expert Opinions in Insurance Bad Faith Trials
David McLain | Colorado Construction Litigation| October 8, 2019 In 2010, Hansen Construction was sued for construction defects and was defended by three separate insurance carriers pursuant to various primary CGL insurance policies.[i] One of Hansen’s primary carriers, Maxum Indemnity Company, issued two primary policies, one from 2006-2007 and one from 2007-2008. Everest National Insurance Company issued… Continue reading Admissibility of Expert Opinions in Insurance Bad Faith Trials
Using Unfair Claim Settlement Statutes To Prove Bad Faith
Mikaela Whitman | Law.com | October 11, 2019 The covenant of good faith and fair dealing is implied in all insurance contracts. While most states recognize that an action for breach of this covenant (also known as “bad faith”) sounds in breach of contract, some states also recognize an independent tort that can be separate… Continue reading Using Unfair Claim Settlement Statutes To Prove Bad Faith