TABLE OF CONTENTS
Jurisdiction | United States |
Publication year | 2018 |
Table of Cases
Note on the Text
Introduction
A. Traditional Tort Damages
B. Punitive Damages Are Now Ubiquitous
Chapter 1 The Tort of Bad Faith
Chapter 2 Bad Faith Cases Against an Insurer
A. Punitive Damages Affirmed Against Insurer
1. Communale v. Traders & General Ins. Co.
2. Critz v. Farmers Ins. Grp.
3. Crisci v. Security Ins. Co.
4. Gruenberg v. Aetna Ins. Co.
5. Egan v. Mutual of Omaha Ins. Co.
6. Fletcher v. Western Nat'l Life Ins. Co.
7. Beck v. State Farm Mut. Auto. Ins. Co.
8. White v. Western Title Ins. Co.
9. McCormick v. Sentinel Life Ins. Co
10. Pacific Mut. Life Ins. Co. v. Haslip
11. Other Cases
B. Punitive Damages Refused
1. Eckenrode v. Life of Am. Ins. Co.
2. A.A.A. Pool Serv. & Supply, Inc. Aetna Cas. & Sur. Co
3. Hormann v. New Hampshire Ins. Co.
C. There Can Be No Tort of Bad Faith Without Breach of Contract
1. Ortiz v. State Farm Lloyds
D. Imperfect Claims Handling Is Not Bad Faith
1. GEICO Gen. Ins. Co. v. Harvey
E. The Denial of a "Fairly Debatable" Claim Avoids Bad Faith Liability
1. Estate of Price v. Shelter Mut. Ins. Co.
Chapter 3 A Method to Defeat Bad Faith Suits
A. Excellence in Claims Handling
B. A Proposal to Create Claims Professionals
C. Continuing Education Requirement
D. Fraud Training Requirement
E. Claims Commandments for Excellence in Claims
1. Claims Commandment I – Thou Shalt Confirm Coverage
a. How to Confirm Coverage
b. Communications with the Insured
c. More Required
d. Conclusion
2. Claims Commandment II – Thou Shalt Always Conduct a Thorough Investigation
a. How to Conduct a Thorough Investigation
b. Conclusion
3. Claims Commandment III – Thou Shalt Communicate Often with the Insured
4. Claims Commandment IV – Thou Shalt Understand The Policy
5. Claims Commandment V – Thou Shalt Create Rapport with the Insured
6. Claims Commandment VI – Thou Shalt Document the Claims File
7. Claims Commandment VII – Thou Shalt Never Lie to an Insured
8. Claims Commandment VIII – Thou Shalt Not Suffer Fraud to Succeed
a. What do the Results of the Effort Against Fraud Really Show?
b. What Is Fraud?
c. Investigating Fraud
d. Conclusion
9. Claims Commandment IX – Thou Shalt Not Pretend to Be a Lawyer
10. Claims Commandment X – Thou Shalt Empathize with the Claimant
11. Claims Commandment XI – Thou Shalt Stay with a Claim
12. Claims Commandment XII – Thou Shalt Educate Thyself Continuously
13. Claims Commandment XIII – Thou Shalt Adjust
14. Claims Commandment XIV – Thou Shalt Not Be Cruel
Chapter 4 Limitation on State's Enforcement of Regulation
A. Administrative Law Judge Ruling Changed CDI's Ability to Impose Penalties Against Insurers
B. The Text of the Ruling
Chapter 5 Insured Plaintiff's Trial Preparation and Trial
A. Document Denial of the Claim
B. Initiate the Lawsuit
C. Conduct Discovery
1. E-Discovery
2. Deposing the Claims Adjuster
3. Deposing Insured's Counsel
D. The Use of Experts
1. Do You Need an Expert to Prove Bad Faith?
2. Admissibility of the Expert's Opinion in Federal Court
3. The Expert's Report
...4. The
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- Insurance Bad Faith and Punitive Damages Deskbook
- FRONT MATTER
- NOTE ON THE TEXT
- TABLE OF CONTENTS
- ABOUT THE AUTHOR
- INTRODUCTION
- CHAPTER 1 THE TORT OF BAD FAITH
- CHAPTER 2 BAD FAITH CASES AGAINST AN INSURER
- CHAPTER 3 A METHOD TO DEFEAT BAD FAITH SUITS
- CHAPTER 4 LIMITATION ON STATE'S ENFORCEMENT OF REGULATIONS
- CHAPTER 5 INSURED PLAINTIFF'S TRIAL PREPARATION AND TRIAL
- CHAPTER 6 DEFENDING PUNITIVE DAMAGE CASES
- CHAPTER 7 DEFENSE TRIAL STRATEGY
- CHAPTER 8 THE HISTORICAL BASIS OF PUNITIVE DAMAGES
- CHAPTER 9 PUNITIVE DAMAGES IN EACH STATE
- CHAPTER 10 HOW PUNITIVE DAMAGES REALLY WORK
- CHAPTER 11 PUNITIVE DAMAGES AND INCOME TAX
- CHAPTER 12 CONTROL ON PUNITIVE DAMAGES
- CHAPTER 13 THE PUNITIVE DAMAGES TEST
- CHAPTER 14 HOW ARE PUNITIVE DAMAGES CALCULATED?
- CHAPTER 15 CASE STUDIES
- CHAPTER 16 IS IT TIME TO END THE TORT OF BAD FAITH AND ITS RIGHT TO SEEK PUNITIVE DAMAGES?
- CHAPTER 17 PUNITIVE DAMAGES AND INSURANCE
- CHAPTER 18 DEFENSES TO CLAIMS OF PUNITIVE DAMAGES
- CHAPTER 19 STATUTORY BASIS AND REQUIREMENTS OF DECLARATORY JUDGMENT ACTIONS
- APPENDIX 1 AMERICAN LEGISLATIVE EXCHANGE COUNCIL'S PUNITIVE DAMAGES STANDARDS ACT
- APPENDIX 2 RULE 57. DECLARATORY JUDGMENT
- APPENDIX 3 COMPLAINT FOR DECLARATORY RELIEF
- APPENDIX 4 COMPLAINT FOR INSURANCE FRAUD
- APPENDIX 5 COMPLAINT FOR BREACH OF CONTRACT; BREACH OF IMPLIED COVENANT OF GOOD FAITH AND FAIR DEALING
- TABLE OF CASES
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