There was no evidence that this was done in bad faith
3dDCA 2000), should be reversed to permit the recovery of mental distress damages in bad faith
claims against life insurers.
First, there are no limits on damages or fees in bad faith
Even if an insurer denies coverage or refuses to defend in bad faith
, that action alone may not cause an excess judgment.
Pilot Life thus established (whether in obiter dictum seems much in dispute) that state causes of action permitting remedies not found in ERISA are preempted by ERISA's civil enforcement provision even if the denial was made in bad faith
30) After all, a jury in a bad faith action may find that the insurer acted reasonably in handling the underlying claim, but to completely bar recovery will automatically absolve an insurer who has acted in bad faith
toward its insured.
The Fifth Circuit, applying Florida law, held that it was proper to allow expert opinion on whether a refusal to settle was unreasonable but not on the ultimate question of whether the defendant acted in bad faith
Similarly, a child's right to recover damages in excess of the policy limits against a parent would depend solely upon a determination that the parent's insurance company acted in bad faith
Mitro claimed that, since she had already provided statements under oath prior to the institution of her lawsuit against Allstate, Allstate's requests for additional sworn statements after the lawsuit commenced were in bad faith
International Union Staff Representative Joe Chapman welcomed Judge Ries' ruling, stating: "RAC's claim that we bargained in bad faith
is ridiculous, and RAC knows it since it never filed a charge with the NLRB accusing us of bad-faith bargaining.
Perhaps the biggest wild card in bad faith
cases is the threat of punitive damages.
The application of preemption principles in bad faith
litigation has led to the unparalleled and deliberate abuse of insureds by insurers, who believe themselves to be immunized against liability.
Although there undoubtedly may be situations in which an insurer engages in bad faith
in the handling of claims, the duty of good faith should be precisely and carefully defined, so that only legitimate bad faith conduct results in bad faith
The plaintiffs' trial brief in a case alleging that an insurer acted in bad faith
by refusing to settle a claim for death benefits within the statutory period for filing a wrongful death case.
Principal Mutual Life Insurance Company, the 9th Circuit revisited the reasons courts allow tort remedies, including punitive damages, against insurers who deny disability claims in bad faith