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 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

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

Does Egan’s “managing agent” rule survive 40 years later?

Most insurance bad faith cases involve a fight over the managerial status of the employees who denied the insured’s claim

Robert S. Gianelli
Adrian Barrio

From Issue: 2019 September

Deposing insurance company personnel: lessons learned

Identifying the insurer’s PMK is crucial to your deposition strategy. So is fluidity in testimony, so let them talk

Terry Coleman
Ryan Opgenorth

From Issue: 2018 September

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

Mise-En-Place

Preparing for mediation in disability insurance bad-faith cases

Frank N. Darras
Susan B. Grabarsky

From Issue: 2017 August

How insurers are using HIPAA to shield their conduct from scrutiny

HIPAA does not prohibit the production of the administrative record to a plaintiff; it in fact requires it

Christian J. Garris

From Issue: 2018 September

Discovery: The claims file in bad-faith cases

How to get all the insurance company documents you need to build a bad-faith case

Danica Crittenden

From Issue: 2018 October

Current issues in first-party property claims

“Like kind and quality” and other issues when insurers pay for property damage to their insureds’ buildings

Charles Miller

From Issue: 2018 September