Insurance - Bad Faith

Litigating wildfire claims

A look at the complexity of fire claims and why insurance coverage and bad-faith expertise matters

From Issue: 2025 February

Buying immunity

The lid is off the policy! Can insurers immunize themselves from their bad-faith failure to settle by buying the bad-faith claim from their own policyholder?

Jeffrey I. Ehrlich

From Issue: 2019 September

Why is there a genuine-dispute doctrine?

The differences between an insurer’s genuine-dispute defense and bad faith

Arnold Levinson

From Issue: 2017 September

The duty-to-settle analysis after <em>Pinto</em>

The duty-to-settle analysis after Pinto

Was the insurer’s failure to settle the result of unreasonable conduct on the part of the insurer?

Ricardo Echeverria

From Issue: 2022 November

Rethinking damages for breach of an insurance contract

Restoring balance between insurers and their insureds. Why must we prove that the carrier acted unreasonably?

Michael L. Cohen

From Issue: 2022 November

Insurance bad-faith mediations

Bad-faith mediations present a challenging set of issues and dynamics that affect how they are best approached and conducted

Doug deVries

From Issue: 2024 September

Health insurance bad faith for prosthetic denials

The basic things to look for in evaluating bad-faith claims for improper denial of coverage for prostheses

Conal Doyle
Stephen Beke

From Issue: 2022 November

The emerging frontier of long-term-care-insurance bad faith

As the claims for baby boomers start rolling in, the denials are likely to start churning out

Terry Coleman

From Issue: 2018 April

Understanding and opposing the “Genuine Dispute” Doctrine

A look at Wilson and other important decisions on this doctrine so often relied upon by insurers in their summary judgment motions

Rex Heeseman

From Issue: 2019 September

The art of taking the bad-faith duty-to-settle case to trial

From acknowledging the “skunk on the table” in voir dire, to acting as a “public servant” as you ask for punitive damages, here is the framework for trying the bad-faith case

Ricardo Echeverria

From Issue: 2019 September

Mise-En-Place

Preparing for mediation in disability insurance bad-faith cases

Frank N. Darras
Susan B. Grabarsky

From Issue: 2017 August

If you love them, let them go

By withdrawing as counsel and advising your client to proceed as an unrepresented pro se claimant, the insurance carrier may choose to low-ball them and consequently open up the policy

Patrick Gunning

From Issue: 2017 May