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Category Archives: Insurance Bad Faith

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What is “Excess Coverage” – Tracy Morgan v. Wal-Mart Example

Insurance Bad FaithBy Steven SweatOctober 8, 2015

Many people don’t realize that large corporations especially huge retailers like Wal-Mart, don’t have the same type of insurance policies as smaller companies or individuals.  Normally, an insurance company is obligated to pay starting dollar one on a claim and is obligated to pay for the cost of defense, including attorney’s fees and costs at…

Can I Sue My Insurance Broker for Negligence?

Insurance Bad FaithBy Steven SweatAugust 7, 2015

Can I sue my insurance broker for negligence?  This is a question that often gets asked when a party suffers a catastrophic loss and doesn’t have sufficient insurance coverage to pay for all claims.  Many states, including California, have existing law that provides a duty on the part of a broker to, “use reasonable care,…

Illegal Bad Faith Insurance Tactics Hurt Injured Victims Twice

Insurance Bad FaithBy David SlepkowJanuary 26, 2015

Negotiating with insurance companies in an effort to obtain compensation after a vehicle accident is often challenging. In some incidences, insurance carriers do not properly negotiate a claim for accident and injury compensation in good faith. When a car, motor vehicle or premises accident victim is denied appropriate and reasonable compensation for their injuries caused…

Seniors are Often Victims to Predatory Insurance Practices

Insurance Bad FaithBy Michael EhlineJanuary 1, 2015

Senior citizens have enough to worry about, from health to family to bills. Unfortunately, the insurance companies do not always live up to what they promise. Even if there is a signed policy, people get screwed under. In far too many cases each year, older residents are punished by the companies they trusted just for…

“First Party” vs. “Third Party” Insurance Coverage

Insurance Bad FaithBy Steven SweatOctober 28, 2014

While there are numerous types of insurance policies and insurance coverage within those different policies, insurance can, generally, be categorized in one of two forms as follows: (1) “First Party”; and (2) “Third Party”.  Some policies fall within one or the other and some insurance policies have aspects of both.  Depending upon your the laws…

Duty of Insurance Companies to Settle Legitimate Claims

Insurance Bad FaithBy Steven SweatAugust 7, 2014

In just about every U.S. jurisdiction, including California, insurance carriers have a duty to settle legitimate claims for the policy limits or face potential legal exposure if the person bringing the claim obtains a verdict or award in an amount higher than the coverage limits.  For example, California Insurance Code 790(h)(5) requires insurers “in good…

Injured Victims Loaning Settlement to Insurance, Tax & Interest Free?

Insurance Bad FaithBy David SlepkowAugust 5, 2014

Part 2 of 10 Insurance companies do not pay claims because they are legally obligated to pay them to properly compensate injured victims for their losses. Every payment made by an indemnity and surety company to a car accident or slip and fall victim is a cold and calculated business, cost / benefit decision generally…

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Shameful Geico ‘Lawyers up’ Rather than Paying 25K to Grieving Father for Death

Insurance Bad FaithBy David SlepkowJuly 19, 2014

Shame on Geico! I’ll say it again. Shame on Geico Indemnity Company!  Their conduct in the case of Richard Foote v. Geico Indemnity Company  shows, at best, a real lack of common sense and basic human dignity and at worst their conduct is malicious, arrogant and heavy handed. One of the reasons I helped start…

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Bad faith and Insurance Legal Obligations in Accident and Injury Claims

Insurance Bad FaithBy David SlepkowJuly 4, 2014

Insurance Companies owe their Insured a contractual and common law duty of good faith and fair dealing. When an insurance company unreasonably refuses to compensate a victim of a motor vehicle crash or other mishap and breaches their obligations of good faith and fairness, their actions are commonly known as “bad faith”. “An insurer’s breach…

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