Is there any phrase more likely to strike terror into the hearts of insurance executives than "bad faith"? For an insurance carrier, the accusation that it has not been dealing with its policyholder fairly often leads to lawsuits. And often, among the allegations made in those lawsuits are claims that the carrier is intentionally or maliciously refusing to honor its obligations to provide coverage under the insurance contract at issue.

The allegations of bad faith arise out of a variety of cases. Some originate in auto accidents, others in workers' compensation claims, still others in large commercial cases. Often, the cases take years to be resolved.

Another concern for most insurers is that many bad faith lawsuits are decided by juries, who often envision themselves in the position of the policyholder. If the carrier could treat the plaintiff "unfairly," jurors think, they could be treated the same way when they have a claim. And so they tend to award plaintiffs millions of dollars.

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Rosalie Donlon

Rosalie Donlon is the editor in chief of ALM's insurance and tax publications, including NU Property & Casualty magazine and NU PropertyCasualty360.com. You can contact her at [email protected].

Litigation
Commercial Lines
E&S/Specialty
Personal Lines
Workers' Comp