Bad Faith Litigation
There is nothing that draws the attention of top insurance company management quicker than a substantial extra-contractual verdict against the company or disputed coverage issues. This extremely important area of law has had a tremendous impact upon the insurance industry, not only with respect to cases in which such damages are actually awarded but also with regard to the incalculable extra indemnity dollars spent to resolve cases with bad faith exposure. To further complicate matters, business policy holders increasingly claim a breach of the covenant of good faith and fair dealing based upon the claim of premature exhaustion of aggregate limits due to the over settling of claims. The bottom line? The insurer is squeezed from both ends.
Our attorneys are expertly equipped to handle significant claims involving breach of contract, breach of the covenant of good faith and fair dealing, and breach of fiduciary duties. Consistent with our overall litigation philosophy, we emphasize early investigation and analysis to determine liability and damage potentials.
Investigation is geared toward establishing the reasonableness of the claims handling in the underlying file as quickly and completely as possible. Depending on the analysis, cases then can be directed toward alternative dispute resolution through settlement conferences, mediation, and arbitration with appropriate minimum/maximum awards, or directed toward trial. The firm endeavors to work closely with the client in handling the case in a manner consistent with the client's philosophy. Our attorneys are equally comfortable taking a hard line approach, a conciliatory approach or a mixed approach.
Throughout case handling, the firm maintains constant client contact, and to the extent possible, seeks to minimize the intrusive discovery burdens often imposed by these cases upon the client. While the firm continues to exercise cost control to the maximum extent possible, we realize how significant and politically sensitive these cases can be and that they generally justify putting on a major defense, through trial and appeal if necessary.