bad faith « Lawyers USA Online

Insured needn’t prove tangible losses in bad faith suit

Published: January 20, 2012

Tags: bad faith, emotional distress, insurance

An insured suing for bad faith is not required to prove economic or physical injury in order to recover damages for emotional distress allegedly caused by the termination of her long-term care benefits, the Hawaii Supreme Court has ruled in answering a certified question from a U.S. District Court.

Privilege protects insurer in bad faith lawsuit

By: Pat Murphy
Published: March 22, 2011

Tags: attorney-client privilege, bad faith

The attorney-client privilege applies to preclude the disclosure of communications and correspondence in a first-party bad faith action against a disability insurer, the Florida Supreme Court has ruled in affirming judgment.

Vehicle service insurer can be sued for bad faith

By: Pat Murphy
Published: February 4, 2011

Tags: bad faith, consumer protection, insurance

A used car buyer could bring a bad faith claim against the company that issued a service contract for his vehicle, the Oklahoma Supreme Court has ruled in reversing a summary judgment.

Attorney can’t be sanctioned for arbitration misconduct

By: Pat Murphy
Published: September 17, 2010

Tags: arbitration, attorney misconduct, bad faith, Sanctions

A federal court lacked the authority to sanction an attorney for alleged misconduct during the course of a private arbitration proceeding, the 5th Circuit has ruled vacating a $10,000 penalty.

Insurer not liable for bad faith

By: Pat Murphy
Published: May 10, 2010

Tags: bad faith, insurance, intentional acts exclusion

An insurance company was not liable for handling a wrongful death suit against its insured in bad faith because its actions did not expose its insured to liability in excess of the combined policy limits, the Florida Supreme Court has ruled in answering certified question from the 11th Circuit.

Health insurer must pay $37M in bad faith case

By: Pat Murphy
Published: February 1, 2010

Tags: bad faith, health insurance

A Colorado jury on Friday decided that an insurance company must pay $37 million to a Lafayette woman whose health insurance was canceled after she was seriously injured in a car accident.

$15 million punitive award for bad faith claim reduced

By: Correy Stephenson
Published: September 17, 2009

Tags: bad faith, punitive damages

A $15 million punitive award for an insurance company’s bad faith termination of an HIV-positive man’s health benefits was excessive and should be reduced to $10 million, the South Carolina Supreme Court has ruled.

Insurer must inform insured of settlement offers

By: Correy Stephenson
Published: August 7, 2009

Tags: bad faith

An insurer’s covenant of good faith and fair dealing includes a duty to adequately inform the insured of settlement offers, including reasonable offers in excess of the policy limits, the Nevada Supreme Court has ruled.