Kevin Pollack | Property Insurance Coverage Law Blog | April 20, 2017 After denying claims, insurers sometime seek to avoid bad faith liability by taking their chances that a court will rule in their favor, and then, if the court rules otherwise, immediately tendering the monies owed under the insurance policy to the insured. A… Continue reading Can an Insurer Avoid Bad Faith by Waiting to Pay Until Court Rules the Policy Covers the Loss?
Tag: Bad Faith
Coverage Dispute Handling Has Evolved in 25 Years
Denise Johnson | Claims Journal | March 20, 2017 Changes in response time, the way research is conducted and the sources of bad faith have all impacted how coverage is evaluated, according to a panel discussion conducted by the American Bar Association’s Trial and Insurance Program Session. The program was held recently at the Arizona… Continue reading Coverage Dispute Handling Has Evolved in 25 Years
The Genuine Dispute Defense and Bad Faith
Kevin Pollack | Property Insurance Coverage Law Blog | February 1, 2017 Insurers often seek to avoid liability for bad faith by asserting the “Genuine Dispute Doctrine.” Under the genuine dispute rule, an insurer’s coverage or claim decision may not be in bad faith when it mistakenly withholds policy benefits, if the mistake is reasonable… Continue reading The Genuine Dispute Defense and Bad Faith
Moving Toward an Objective and Reversible Definition of Insurance Bad Faith
Burke A. Christensen | CLM Magazine | December 15, 2016 Should applicants for an insurance policy or those who file a claim for policy benefits be required to tell the truth? Should insurance companies be required to honestly and fairly investigate applicants and claimants? The answer to both questions should be equally, “yes.” For insurance… Continue reading Moving Toward an Objective and Reversible Definition of Insurance Bad Faith
Surety’s Settlement Without Principal’s Consent Is Not Bad Faith
Tred Eyerly | Insurance Law Hawaii | December 26, 2016 The Sixth Circuit found that the surety did not act in bad faith when it settled the general contractor’s claims against the State of Michigan over delays on a construction project. Great Am. Ins. Co. v. E.L. Bailey & Co., 2016 U.S. App. LEXIS 20018 (6th… Continue reading Surety’s Settlement Without Principal’s Consent Is Not Bad Faith