Commentary: Lessons From Recent Decisions on Bad Faith Litigation

By Robert D. Chesler and Nicholas R. Maxwell | December 12, 2012

  • December 12, 2012 at 1:59 pm
    Chris says:
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    Compared to the number of claims filed and settled every year, the number of alleged bad faith claims is statistically insignificant; the numnber of actual claims handled in bad faith even less.

    • December 13, 2012 at 11:46 am
      Mr. Solvent says:
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      Depends on carrier but you’re mostly correct.

  • December 12, 2012 at 4:26 pm
    caffiend says:
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    And what I love is the fact that the article was written by attorney… talk about advertising under the radar.

  • December 13, 2012 at 9:29 am
    GL GURU says:
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    I work for an insurance company and have filed a third party claim that was handled in bad faith. I think the article is correct that most of the time claim professionals are doing their best. they are humans too and they don’t like to see people suffer. I think we get a bad rap for the the tiny minority that either bugle it. I also get concerned that claim handler’s case load is so high they can’t do a good job managing it. Also there is a declining emphasis in the industry for teaching people the nuances of coverage.

    In my case, it took the insurance company a 3 months to decline my case after they had my demand. In my state you have 30 days to respond. They did not do any more investigation. It was not until I threatened bad faith (I tried to keep in the family so-to-speak)that they finally came to their sense to take a reasonable offer of settlement. It was shameful. My case bounced among 3 claims adjusters and two managers before they would send me a decline. It was just organization incompetence.

  • December 13, 2012 at 12:14 pm
    Jeff says:
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    One aspect of the Safeco case is concerning to me:

    “Second, the court rejected Safeco’s argument that it could rely on exclusions in the policy, since the Millers had not even received the policy when the damage was discovered”

    Does this mean that there are no exclusions if a policy is on binder?

    • December 13, 2012 at 1:29 pm
      Craig says:
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      As I’ve always said It doesn’t matter what the policy says
      All that matters is what the Judge says

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