Tips for Avoiding First-Party “Bad Faith” in Illinois
Illinois does not recognize bad faith as an independent tort. In the first-party context, bad faith …
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Recent Bad Faith Cases Regarding Reasonableness of Medical Treatment
In two recent cases, the courts showed substantial deference to patients’ treating physicians in determining the …
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Claims Handling: Questions Are the Answer
The key issue in insurance bad faith litigation is whether the claims professional reasonably handled the …
Texas Supreme Court Crafts “Undisputed Evidence of Collusive Fraud” Exception to Eight-Corners Rule
In Texas, and as a general rule, only the four corners of the policy and the …
Defending Institutional Bad Faith Claims, Part III – Proof by Other Claims
In Part I of this series, we explored the differences between institutional and non-institutional bad faith. …
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Defending Institutional Bad Faith Claims, Part II – Focusing on Plausibility
In Part I of this series, we discussed institutional bad faith and best practices for insurers …
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Defending Institutional Bad Faith Claims, Part I – A Primer on Institutional Bad Faith
Broadly speaking, there are two types of bad faith claims that may be alleged against an …
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South Carolina Code Does Not Invalidate Notice and Cooperation Clauses
In late July, the South Carolina Supreme Court handed down a helpful ruling for insurers when …
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Form and Substance: The Importance of Conducting a Proper Investigation of First-Party Claims Under California Law
A bad faith claim against an insurer often focuses as much on the process of a …
Store Display Can Be an “Advertisement” Under Coverage B
In Hershey Creamery Company v. Liberty Mutual Fire Insurance Company and Liberty Insurance Corporation, No. 1:18-CV-694, …
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