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Bad Faith Litigation |
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Once rare, the claim brought against the insurance carrier directly is now relatively common place. Nearly all states have enacted or recognized a cause of action for bad faith insurance practices. The bad faith claim has been viewed as a separate cause of action which exists independent of any claim for insurance coverage, and carries with it the potential for punitive damages. Underwriting and consumer services practices may now also be subject to bad faith scrutiny. Class actions are a new breed of bad faith litigation.
Swartz Campbell LLC has been actively involved for many years in the defense of complex cases brought directly against insurers in a wide variety of contexts ranging from breach of contract to defamation. Because of the increased volume of complex litigation against insurers, Swartz Campbell LLC has formed a litigation practice group which is devoted to the defense of such claims. The members of this group lecture frequently and have written extensively on subjects involving the defense of insurers. The attorneys in this group are also regularly involved in consulting general counsel and underwriting staff regarding claims handling practices, underwriting issues, and the prevention of claims against insurance carriers.
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