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Practice Areas

Insurance Bad Faith

“Insurance Bad Faith” describes a claim that an insured may have against its insurance company based on its wrongful refusal to pay policy benefits. Under the law of most jurisdictions in the United States, insurance companies owe a “duty of good faith and fair dealing,” which means that claims must be handled promptly and fairly, and may not be denied unreasonably.

If the insurance company violates this duty, the insured may sue the company for damages for breach of contract and in tort for breach of the implied covenant of good faith and fair dealing. The contract/tort distinction is significant because, as a matter of public policy, attorney’s fees, damages for emotional distress, and punitive damages are not available in contract claims, but may be recovered in tort. The result is that an insured may be able to recover damages in excess of the face value of the policy.

We represent all types of policyholders.
– Disability Insurance Claim Denial
– Insurance Bad Faith arising from Personal Injury Cases
– Insurance Bad Faith arising from the breach of the duty to defend or settle claims
– Life Insurance Claim Denial
– Accidental Death Insurance Claim Denial
– Business Interruption Insurance Claim Denial
– Health Insurance Claim Denial
– Insurance Broker Negligence
– Commercial and Business Insurance Claim Denial
– Municipal and other Government Entity Claim Denial

Case Results

Amor Ministries v. Century Surety Co.

Verdict Amount: $8,100,000 Case Number: U.S. District Court, Southern District of California, Case No. 13 CV 1441 GPC-BGS Date of Verdict: January 28, 2016 Plaintiff: Amor Ministries Defendant: Century Surety Company Facts and Background:...

Doe Plaintiff v. Roe Insurance Co.

Settlement Amount: $6,000,000 Case Name: DOE PLAINTIFF V. ROE INSURANCE COMPANY Case Settled: 10/2011 Plaintiff: Confidential Defendant: Confidential Facts and Background: Action for insurance bad faith based on Roe Insurance Company's wrongful...

City of Carlsbad v. ISOP and Allianz Insurance Co.

Settlement Amount: $6,300,000 Case Name: CITY OF CARLSBAD v. ISOP and ALLIANZ INSURANCE COMPANY Case Number: 37-2007-00072351-CU-IC-CTL Case Settled: 10/2010 Plaintiff: City of Carlsbad Defendants: ISOP and Allianz Insurance Co. Facts and...

City of San Diego v. Lexington Insurance Co.

Settlement Amount: $1,625,000 Case Name: CITY OF SAN DIEGO v. LEXINGTON INSURANCE COMPANY Case Number 07CV-0475 DMS (NLS) Case Settled: 11/08 Plaintiff: The City of San Diego Defendant: Lexington Insurance Co. Facts and Background: On October 23, 2003, the...

Majors v. Western Home Insurance Co.

Settlement Amount: $1,780,000 (including interest during pendency of appeal.) Case Name: MAJORS v. WESTERN HOME INSURANCE COMPANY Case Number GIC 842164 Case Settled: 12/7/06 Plaintiff: Patrick and Elsa Majors Defendants: Western Home Insurance Co. Facts...

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