Bad faith and other extra-contractual claims are among the most complex and high-stakes matters that insurance companies face. Our lawyers understand the gravity of these claims, as well as particular issues that arise during the discovery, motions practice, trial and appeal phases of litigation. We frequently advise and represent insurers in “excess judgment” situations, which often require an in-depth analysis of complex, interconnecting issues of substantive and procedural law under time deadlines that make prompt action essential.
We have extensive experience litigating extra-contractual claims in state and federal courts across the country. Our experience includes the following:
- Assisted an insurer to remove a bad faith action from state court, obtained a transfer of venue within the federal court system, and then won summary judgment prior to trial on the insured’s claims for policy benefits and bad faith.
- Represented an insurer in an excess judgment action and clarified Illinois law regarding the imposition of post-judgment interest.
- Represented an insurer at trial and obtained a defense verdict on the insured’s claims for policy benefits and bad faith.
- Convinced appellate court to reverse a trial court order against our insurer client of a multimillion-dollar adverse judgment that consisted almost entirely of bad faith and punitive damages.
- Represented an insurer on appeal and obtained reversal of an award under Louisiana’s bad faith penalty statute which ultimately reduced the insurer’s extra-contractual liability by more than 80 percent.
- Obtained summary judgment after 14 years of litigation in a bad faith claim in Mississippi relating to a life agent’s claim for coverage.
In addition to representing clients in litigation, we offer counseling to help maintain good-faith claims handling practices in our clients’ operations. We also provide seminars to insurers to help claims handlers understand best practices in documenting their files.