Claims that an insurance carrier has acted in bad faith – whether by failing to settle a claim, failing to properly investigate a claim, or by improperly denying a claim – raise a host of concerns. In addition to the obvious exposure to extra-contractual damages and the potential for significant punitive damages in some jurisdictions, discovery in the bad faith context can open the carrier’s confidential files and attorney-client communications concerning the claim at issue and potentially other similar claims, to outside scrutiny. In short, bad faith claims expose the company to risk on many levels, and need to be carefully handled and litigated at the outset.

• Successfully defending a bad faith claim arising from the settlement of multiple bodily injury claims where the policy limits were insufficient to cover all such claims;
• Successfully representing bad faith claims relating to the set-off provisions of an Underinsured Motorists Benefits policy
• Obtaining a jury verdict in favor of our client in a claim involving the alleged bad faith denial of coverage and alleged non-compliance with policy reporting requirements under a stop-loss warranty policy;
• Obtaining a jury verdict in favor of our client in a statutory bad faith action arising from the carrier’s alleged failure to settle a case after liability was reasonably clear;
• Obtaining a jury verdict in favor of our client in a multi-defendant case involving alleged bad faith settlement practices;
• Successfully defending allegations of bad faith claims handling alleged as part of a multi-site environmental coverage matter involving thousands of underlying claims;
• Successfully defending a common law and statutory bad faith claim involving the alleged improper investigation and denial of a multi-million dollar claim