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Articles Posted in Bad Faith

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Enforcing Your Right to Access Your Insurer’s Claims Documents During Discovery

The first thing your insurance company must do after receiving notice of a loss is investigate your claim and make a coverage determination. The insurer will evaluate the strength of your claim, whether to pay it and what amount to pay. Even if the insurer thinks your claim is potentially…

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A Bad Faith Cause of Action in New York? Maybe the Deck Is No Longer Stacked

New York is a tricky forum for policyholders pursuing insurance coverage claims. In particular, New York jurisprudence has long failed to recognize and address causes of action for bad faith. Historically, insureds seeking to impose extracontractual liability have been required to meet the high bar of showing “egregious tortious conduct”…

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Insurers Beware: Florida Courts May Award Attorney’s Fees for Any Incorrect Denial of Coverage

Florida is a hotbed for insurance claims, from run-of-the mill auto accidents to pervasive construction defects to post-hurricane business interruptions, and everything in between. Insurance companies are likely to deny many of those claims—whether or not that denial is proper—hoping that their policyholders will be unwilling to spend the time…