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Recognize common bad faith mistakes.(Conference Spotlight)
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Claims
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September 1, 2003
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Copyright informationCOPYRIGHT 2003 Insurance Week, Inc. This material is published under license from the publisher through the Gale Group, Farmington Hills, Michigan. All inquiries regarding rights should be directed to the Gale Group. (Hide copyright information)
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Bad faith claims have seen a dramatic increase recently, based upon companies' failure to settle third-party liability claims within policy limits. Relaxed standards for bad faith and trial judges' reluctance to dispose of even frivolous bad faith claims have raised the second guessing of claim professionals to new heights, according to James Pinderski, an attorney with Tressler Soderstrom Maloney & Priess in Chicago.
"It seems as though trial courts are allowing claims that really should be resolved on summary judgment or motion to dismiss to proceed through to trial," said Pinderski. "It's going to do nothing but encourage other people with frivolous or questionable ...
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