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Analysis

N.Y. and N.J. seeing rising bad faith claims in UIM/UM cases

Recent case law can help inform insurance carriers on how to treat uninsured/underinsured motorist coverage complaints.

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Some courts’ treatment of these claims demonstrates that insurers are best positioned to avoid common law bad faith claims by ensuring a timely and thorough investigation and documentation of claims. (Photo: Bigstock)

We previously reported on a developing trend in Connecticut of underinsured/uninsured motorist (UIM/UM) coverage complaints, including claims for breach of the covenant of good faith and fair dealing (common law bad faith).

In this supplement, we discuss similar trends in New York and New Jersey. A significantly higher volume of bad faith claims exist in New Jersey UIM/UM coverage cases than in New York. This may be attributable to the general percentage of uninsured motorists in each state. 

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