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Just What is Bad Faith Anyway?
An insurance company may be sued for bad faith for unreasonably denying coverage or benefits or for other behavior, such as undue delay in processing a claim, rescinding an insurance policy, refusing to defend or settle a third party claim. The hallmark of these actions being in bad faith is that there must be an…(read more).
When Rescission is in Bad Faith
In contract law, a contract may be rescinded if it can be shown that the contract was void from the beginning because it was entered into by mistake, as a result of a misrepresentation, or through coercion, undue influence, or other means. When a contract is rescinded, it is basically undone; it is though it…(read more).
Negligence Claims Against Insurance Agents
While bad faith is a prevalent issue surrounding insurance litigation, often a plaintiff’s claim will rest on a theory of negligence. In many situations, a denial of coverage is the result of an insurance agent negligently managing your paperwork or committing an error when evaluating your file. Insurance agents may be negligent in selling and…(read more).
Class Action Claims Against Health Insurance Providers
When a health coverage problem is widespread among policyholders, a class action lawsuit can be one of the most effective methods of pursuing a provider for damages. To bring a class action, the class must meet certain criteria to be eligible. Once a class has been certified by the court, the representative party or parties…(read more).
Confronting Delays and Denials of Liability and Indemnification Insurance
Many corporations, as well as their officers and directors, obtain general liability insurance against certain potential lawsuits, which can include upfront representation and coverage of legal expenses or post-judgment or settlement coverage. For any company or executive, coverage options like these are essential to minimize the impact of potential lawsuits on business operations and profit.…(read more).