Insurance companies are designed to keep us afloat and help us recover after unplanned accidents or illnesses. As part of their operating agreement within the United States, these companies are required to act in “good faith,” or with fairness and honesty.
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Our Attorneys Share Their Experience with Bad Faith Insurance Claims
When an insurance company tries to take advantage of you, they are acting in bad faith. At Presley & Presley, LLC, we’ve been advocating for the injured and insured in the bad faith context for over 30 years. To assist our colleagues and inform our clients, we compiled our results and experiences into a monthly Bad Faith Newsletter. Our Bad Faith Newsletter has been around for nearly five years and continues to publish on a monthly basis. In our newsletters, you can find everything from an intro to bad faith claims to an explanation of state-specific bills.
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To explore the complex, ever-changing field of bad faith, check out all six, 12-issue volumes below:
Monthly Publication by Presley & Presley
December Bad Faith Update: No Request for Defense, No Coverage Problem
With very limited exceptions, liability policies provide insureds with two primary benefits: a defense paid for by the insurance carrier and indemnity for covered claims. These benefits to the insured are purchased with premium dollars and remain available if the insured complies...
Unique Supplemental Payments Provision Leads to Supplemental Payday
Supplemental Payments provisions are present in almost every liability policy. These provisions generally detail the insurer's responsibility for interest and costs awarded in suits that it has undertaken to defend. Litigation surrounding these provisions usually involves t...
Covenant Not To Execute Does NOT Preclude Damages
Following a coverage denial, many jurisdictions permit insureds and claimants to enter into covenants not to execute and to enforce a resulting judgment against the insurer if coverage is shown to exist. Insurers often argue that the insured has suffered no damages as the insured...
Obligations Extend Beyond Accepting Settlement Proposal
The vast majority of extra-contractual/bad faith cases involve a carrier's failure to secure a release of an insured by accepting a reasonable settlement opportunity within the policy limits. The absence of a reasonable settlement opportunity may complicate proof requiremen...
No “Claim”, No Coverage
Claims Made and Reported policies are their own animal. Proper reporting of claims is vital to ensure coverage for any loss. Knowing what constitutes a "claim" that must be reported and when and how to report the claim can be challenging. Apparently these challenges exist even fo...
No Direct Interest, No Intervention
Over the past five plus years, the Missouri legislature has continued to grant insurer's new rights and protections. This includes requirements for time-limited demands, interpleader protections and the ability to intervene into certain actions brought against insureds even...
Interpleader Insufficient to Erase Extra-Contractual Exposure
In states that haven't passed safe harbor legislation, multiple claimants and insufficient limit claims pose certain challenges to insurers in the claims handling stage. Numerous claimants competing for severely limited policy limits creates numerous conflicts and can...
Carrier’s Failures Create Coverage
Insurance laws may vary slightly between jurisdictions but major principles are nearly uniform. These include requirements that an insurer should draft clear and unambiguous exclusions and should identify and fully inform the insured of the basis for a coverage issue promptly. &...
Written Settlement Demand Not Necessary
With increasing frequency, insurers are challenging the sufficiency and clarity of settlement demands they failed to previously accept. The insurer's challenges can take many forms but most focus on a demand not being written formal demand, not complying with an inap...