Bad Faith Litigation

Claimants are always looking for a way to be awarded more than the limits of a defendant’s insurance policy. Their efforts in setting up potential bad faith claims start as early as the receipt of a letter of representation. Each demand letter, request for information and even a simple email must be carefully analyzed to ensure that our clients are not exposed to extra-contractual damages. 

Whether the action is first or third party, by common law or by statute, our attorneys work carefully with our clients. We review and analyze each step of how the claim was handled, whether exposure exists and the likelihood of prevailing.

We work with the adjusters and claims managers in determining why each step of the claims process happened, creating an easy and compelling timeline for the jury to understand. The damages in bad faith actions are significant given the extra-contractual exposure and claims for attorney’s fees and costs. Falk Waas is committed to defending these claims aggressively and efficiently.

Collectively, our attorneys leverage their decades of experience across various practice areas to strategically deliver the best results for our clients.

Representative Cases

No bad faith in rejected tender

Successfully defended an auto insurer in a bad faith lawsuit where the evidence was sufficient that the insurer promptly evaluated the claim and tendered policy limits of $10,000 with a proposed Release within 9 days. Plaintiff’s counsel rejected the tender claiming there was a conflict between decision on accepting liability on the property damage case and the tender on the bodily injury claim.  Auto case went to trial and a judgment was obtained with interest in excess of $500,000. Evidence developed in the bad faith lawsuit proved that the Plaintiff’s lawyer knew the difference between property damage subrogation issues with capped limits and receiving a check for the bodily injury limits was timely and in compliance with its duty to settle claims to protect their insureds from personal exposure. The case settled for a substantially lower amount shortly after our Motion For Summary Judgment was filed on behalf of the carrier.

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