Recently, there’s been a trend in the Kentucky Court of Appeals where insurers have been winning cases involving bad faith decisions. In September, however, a case was tried in the Supreme Court of Kentucky that reminded insurance carriers that juries ultimately get to decide what qualifies as reasonable coverage. Case specifics The insured, Nichols, was injured at work while … [Read more...] about Kentucky Rules in Favor of Bad Faith Plaintiff, Breaking Pro-Insurer Streak
Insurance Bad Faith
Dealing with insurance companies and claims can be aggravating even when all goes smoothly. It gets even worse when the insurance company doesn’t deal with you in an up-front manner. Here are 3 examples of bad-faith insurance practices that are most commonly employed to avoid paying out on legitimate claims. 1. Denial, delay & documentation Insurance firms know that most of … [Read more...] about What are the Most Common Bad Faith Insurance Practices?
Winning a bad faith lawsuit against an insurance company is never easy. Laws vary from state to state, but plaintiffs generally have to prove intent. That can be difficult under any circumstances, and especially so when the opponent has vastly more financial resources and legal expertise at their disposal. But a recent court ruling regarding the admissibility of evidence may … [Read more...] about Procedural Ruling In Bad Faith Lawsuit Could Have Lasting Impact
For the past 15 years, Texas-based insurance companies have used the appraisal process to delay payment of reasonable claims. A decision by the state Supreme Court in July 2019 set the trajectory back in favor of policyholders by upholding the original intent of Texas insurance code 542. The Prompt Payment of Insurance Claims Act has a part of it—Section 542—that requires … [Read more...] about State Court Protects Policyholders On Texas Insurance Code 542
A knockdown legal fight between an injured motorcyclist and an insurance company, with up to $10 million at stake, saw the first round go to the insurer. The plaintiff filed a bad-faith lawsuit against Equity Insurance, but that suit was dismissed on summary judgment in July 2019. First, here are the details of the case. An off-duty police officer, Amy Kemper was riding her … [Read more...] about Round 1 Goes to Insurer in Amy Kemper Motorcycle Accident Case