Breaking Down Bad Faith: Insurers’ Good Faith Duties and Defusing Plaintiff Perceptions
Breaking Down Bad Faith: Insurers’ Good Faith Duties and Defusing Plaintiff Perceptions
Brett Carey participated in the 2022 Claims Education Conference presented by International Insurance Institute, Inc., American Educational Institute and The Society of Claims Law Associates on May 10-13, 2022.
During the presentation, “Breaking Down Bad Faith: Insurers’ Good Faith Duties and Defusing Plaintiff Perceptions,” Carey discussed important claims handling duties and explained their origin and importance. Despite the difficulties that bad faith claims can present, insurers can still prevail where they act diligently and consistent with their good faith duties under the law. Further, Carey shared the practical realities of bad faith litigation.
Presentation objectives:
- Gain an understanding of the source and substantive features of the claims handling process and resulting bad faith claims.
- By understanding the source and origin of a claims handler’s good faith duties, be better positioned to handle difficult claims that require a comprehensive approach and analysis.
- Understanding the substantive features of bad faith claims allows claims handlers to identify certain issues that should be focused upon in the claims-handling phase or in the litigation process.
Carey shared the following things to keep in mind when handling claims:
- Your claim file tells a story!
- As the claim evolves, so should your analysis.
- Ask for information/materials . . . and keep asking.