Captives Face Bad Faith Risks.(Brief Article)

National Underwriter Property & Casualty-Risk & Benefits Management;  March 19, 2001 ;     700+ words ......joke, the first slide of a presentation here on Bad Faith--Is the Captive and Risk Retention Market Immune...LLP in New Orleans. But there were none about bad faith. I guess it's because bad faith in the true context, with the stories we hear...

Recognize common bad faith mistakes.(Conference Spotlight)

Claims;  September 1, 2003 ;     443 words ...Bad faith claims have seen a dramatic increase recently, based...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...

Bad faith and excess liability

Rough Notes;  July 1, 2003 ;     700+ words ......company conduct on trial! The subject of bad faith got the industry's attention not too...was not for mold damage but rather for bad faith, despite contrary impressions the media may have conveyed. The concept of bad faith is particularly attractive to plaintiff...

Viability of Bad-faith Dismissals under §707(a)

American Bankruptcy Institute Journal;  March 1, 2008 ;     700+ words ......use of a lack of good faith, i.e., bad faith, as a basis for dismissal of cases...light of the express inclusion of bad faith in the statutory framework under 707(b), the continued viability of bad-faith dismissals under 707(a) seemed over...

Disputes over bad faith a matter of perspective. (insurance)

Business Insurance;  May 6, 1996 ;     700+ words ......Bagging the Bad Boys: Prosecuting a Bad Faith Action against Insurance Abuses at the...to avoid the possibility of a reverse bad-faith suit. The covenant of good faith and...may find itself on the wrong side of a bad faith action. Policyholders should be as hard-nos...

Malpractice Issue in Florida Muddied by 'Bad Faith' Law for Insurance...

Knight Ridder/Tribune Business News;  July 11, 2003 ;     700+ words ......the Legislature must change the state's bad faith law for insurance companies to lower...hinge on the bill's details. The state's bad faith law is almost certain to be one of those...Kind of behind the scenes has been this bad faith law, says Bill Bell, general counsel...

ADR for bad faith claims a matter of debate. (alternative dispute...

National Underwriter Property & Casualty-Risk & Benefits Management;  February 17, 1992 ;     700+ words ......efficacy in handling one type of dispute - bad faith claims - is still a matter of debate...maintain that the reasons for using ADR for bad faith claims are as compelling as for any other...however, believe that the very nature of bad faith claims makes them unsuited for ADR ...

Retailer that self-insures not subject to bad faith claims for arguable...

Journal of Risk and Insurance;  September 1, 2004 ;     577 words ......April 15, 2004) An important limitation on bad faith actions, particularly when sounding in tort...near-fiduciary duty generally does not support a bad faith claim. Under the law of most states, bad faith actions or their analogs (e.g., a claim...

Bad faith claims: the role of the expert.

Defense Counsel Journal;  April 1, 1997 ;     700+ words ......everywhere these days, and not the least in bad faith cases, where they're valuable for both...surface in both insurance coverage and bad faith litigation. Depending on the nature of...the foundation on which liability for bad faith rests. In short, the insurer's conduct...

Insurance 'Bad Faith' Subject of Recent State Supreme Court Cases & New...

PR Newswire;  October 23, 2008 ;     498 words ......indication, disputes over the so-called bad faith conduct of insurance companies continue...counsel and insurance companies at the Bad Faith Litigation Conference scheduled for Nov...York City. Mealey's Litigation Report: Bad Faith, published by LexisNexis, reported on...

Bad faith and workers' compensation: walking a tightrope with insureds.

Claims;  January 1, 2004 ;     700+ words ......have experienced a dramatic increase in bad faith claims, particularly those based upon...can be named as co-defendants within bad faith actions. Although insurers often feel...surrounding the claimant's injuries. When the bad faith workers' compensation lawsuit is filed...

Punitive and other damages for emotional distress in third party bad faith...

FICC Quarterly;  October 1, 1999 ;     700+ words ......of liability, chief among them is insurer bad faith. Not only have theories like insurer bad faith changed the legal principles under which...litigation. The truly disturbing aspect of bad faith cases for insurers is the fact that these...

Dismissals of Bankruptcies Filed in Bad Faith: What's the Standard?

American Bankruptcy Institute Journal;  December 1, 2004 ;     700+ words ...The term "bad faith" is one that creditors tend to throw...unabashedly. To some, every bankruptcy is in bad faith because the debtor is not satisfying...any legal system and otherwise act in bad faith. The problem with bad faith is defining...

Bad faith as a continuum: From claim to trial

FDCC Quarterly;  October 1, 2001 ;     700+ words ...I. INTRODUCTION The concept of bad faith can only be clearly understood if viewed...during the claims handling process, a bad faith claim may result. Similarly, potentially...professional should know about the present bad faith environment, what defense counsel should...

Bad faith lies in the eye of the juror. (ACE/SCLA Legal Track).

Claims;  April 1, 2002 ;     670 words ...Quite often bad faith cases are won or lost on the notes adjusters...Erwin Adler; an attorney specializing in bad faith. What I'm really interested in is the...explained. I look at the problem of bad faith in the claim file as the claim file...