Bad faith insurance claims are complex. We can help.
Nov. 2014  |  Bad Faith Update  |  Vol. 1 Iss. 1

Welcome to
Bad Faith Update

Bad faith claims are complex and the path towards unlimited indemnity is strewn with pitfalls and land mines. We can help you navigate the claim from intake through satisfaction of judgment and maximize the recovery for the claimant and policyholder.

At Presley & Presley, we spend a lot of time advocating the claims of the injured and the insured in the bad faith context. Our record setting victories have been upheld by the highest courts of appeal. As a result, we are in a unique position to assist our colleagues by sharing the results of our years of experience.

To help you and your clients, we've created this new monthly email newsletter to keep you better informed in this ever changing field. If, however, you do not wish to receive future issues, you may unsubscribe here.

Our first bad faith teaching point is below, but be sure to visit our new website to learn more!

An Intro to Bad Faith Claims

Every insurance contract contains an implied obligation on the insurance provider to act in good faith. When the insurer fails to act in good faith, the insured may have a bad faith claim.

As a result, the carrier may be liable for the entirety of the claimant's damages.

Lawyers should be on the lookout for the following claims handling errors:
  • An insurer's failure to pay or deny a claim within a reasonable period of time.
  • An insurer's failure to promptly respond to questions or concerns of the claimant.
  • An attempt by the insurer to settle a claim for less than a reasonable person would have believed was fair.
  • An unreasonable paperwork or documentation request by the insurer.
  • The insurer's failure to provide supporting documentation when denying a claim.
  • An insurer's failure to conduct a fair and impartial investigation of the claim.
  • An insurer's failure to communicate with the insured regarding the status of settlement negotiations.

The Allstate Insurance Example

An unfortunate drunk driving situation in 2000 resulted in life-threatening injuries to two innocent drivers, a husband and wife.

We will explore the details of this case in a future newsletter, but it is important to note the outcome in which a three-judge panel of the Missouri Court of Appeals affirmed a jury verdict of over $16 Million. Specifically, the judges found that Allstate acted in bad faith by:
  • Failing to recognize the severity of the injuries or of the the probability that the claim would exceed the policy limit;
  • Failing to properly investigate the claim and respond to demands from the claimants; and
  • Failing to adequately advise the insured of his potential personal liability.
Any significant loss when coupled with insufficient liability limits raises the potential for carrier misconduct.

We hope our newsletter provides useful information for you and your clients in turning the grossly underinsured claim into one of full and complete satisfaction.
Contact Us: (816) 931-4611

Kirk Presley

Ask Kirk a Question

Kirk's practice focuses on significant plaintiff’s personal injury and wrongful death claims in the areas of products and premises liability, general aviation, and insurance bad faith litigation.
About Presley & Presley
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