When you get in a car accident, what’s the first thing on your mind? You have to call the insurance company and file an auto accident claim, even if it wasn’t your fault.  Do you think that the insurance adjuster will be helpful and resolve your claim for what it’s worth? Unfortunately, they aren’t in…

In a decision issued on Thursday, June 18, 2020, the Illinois First District Appellate Court further illustrated the distinction between proving a claim is covered under an insurance policy and proving entitlement to damages for an insurer’s bad faith denial of coverage.  In this lawsuit*, the insurer, Liberty International Underwriters Insurance, denied coverage for a…

In an unpublished decision handed down Friday, June 19, 2020, the U.S. Court of Appeals for the Sixth Circuit held that Hamilton Specialty Insurance is responsible for a $3,000,000 settlement entered into by its insured after Hamilton refused to defend the insured in litigation arising out of a fire.[1]  Hamilton Specialty Insurance refused to defend…

When an insurance company fails to settle a claim within its insured’s policy limits (despite a reasonable likelihood that a verdict will exceed those policy limits), the insurance company may be exposed to a claim for bad faith.  Under the law, an insurance company has a duty to give fair consideration to the rights of…

A recent report published by the Center for Economic Justice and the Consumer Federation of America finds that while some auto insurers have provided premium relief and rebates to customers in light of reduced driving due to COVID-19, “most insurers’ auto insurance premium relief has not been sufficient.”  The report, Personal Auto Insurance Premium Relief…

When an insurance company violates its duty of good faith and fair dealing with a policyholder, there are many types of evidence that can be used to prove the insurance company’s bad faith in court.  Here Are 4 Ways Evidence Can Be Used To Prove A Bad Faith Claim: #1: Testimony of expert witnesses in…

When we purchase auto insurance, it is not just to protect us if we’re involved in a collision caused by someone else.  It is also to protect us in the event that we cause an accident.  When an insured motorist is at fault for an automobile accident in which another party is injured, the motorist’s…

September 28, 1992.  If it can be traced back to a single day, that is the day claims handling across the property and casualty insurance industry changed forever.  That is the day a group of high-powered business consultants made their initial presentation to Allstate executives. They proposed a concept to redesign Allstate’s entire claims handling…

Bad faith failure-to-settle claims occur all over the country involving just about every insurance company writing casualty policies.  Many arise from car accident claims, often where the at-fault driver/policyholder has low policy limits compared to the damages incurred by the injured claimant. There’s the chance that a jury’s verdict could far exceed the limits of…

Deny, delay, defend:  These insurance company tactics have become so commonplace that it’s easy to lose sight of what an insurance adjuster’s actual obligations are under the law.  Individuals seeking to become adjusters must undergo classroom training, to become certified.  A book called The Claims Environment has long been the standard textbook for those seeking…