Lack of Notice No Excuse for Failure to Settle
An insurer can no longer claim its lack of notice of a lawsuit against its insured …
Tag: bad faith
Avoid Creating Coverage By Estoppel, Waiver & Forfeiture: California
Waiver, estoppel and forfeiture are doctrines on which insureds often rely to try to create coverage …
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A Jury Must Find An Insurer Acted Unreasonably In Order To Find Bad Faith Failure to Settle
On March 8, 2021 the California Court of Appeal, reversing a $10 million verdict against Farmers, …
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 …
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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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 …