Bad Faith Liability and an Insurer’s Refusal to Settle

By | July 22, 2015

  • July 22, 2015 at 1:58 pm
    r lofberg says:
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    nothing new under the sun. about 40 years ago –

    “soto v hanover” fed district court newark

    judge mary ann trump barry presiding.

    took about 5 years to receive a very clear decision.

    • July 23, 2015 at 8:21 am
      Bill says:
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      The letter sounds more like a demand letter than a settlement letter. But, I suppose when someone is injured $25,000 doesn’t go far to pay bills these days.

  • July 22, 2015 at 4:33 pm
    Don Nixon says:
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    I would contend that the January 6 letter did constitute an offer to settle, or at least an advisory that settlement was likely based on payment of the $25,000 limits. I think there is more being made of this than it is. State Farm’s failure to respond in and of itself could possibly constitute bad faith.

  • July 23, 2015 at 2:07 pm
    earlybird says:
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    As a former claims person, including a stint as an E&O adjuster cleaning up after a top ten carrier’s claims department, it sure sounds like a valid “bad faith” claim to me.

  • July 23, 2015 at 6:40 pm
    James Dalton says:
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    Although astounded by these comments.

    The basic Insurance Policy is crafted in offer and acceptance .You pay the premium and in return…What am I missing is Uberrima Fides or let the buyer beware in dealing with an Insurer



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