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Bad Faith Blog

We cover current issues, highlights and best practices exclusively on claims of bad faith and extra contractual damages.

Bad Faith Blog
January 4, 2021

Fifth Circuit Finds Bad Faith Is Not Required For Liability Under The Texas Prompt Payment of Claims Act

Insureds are not required to prove insurers acted in bad faith in denying a claim to be entitled to the amount of the attorneys’ fees and statutory interest under the Texas Prompt Payment of Claims Act (“TPPCA”).  Rather, insureds need only demonstrate liability under the policy and the insurer’s failure to comply with the timing requirements of the TPPCA.

Bad Faith Blog
July 8, 2020

Indiana Court of Appeals Finds Legal Malpractice Claims are Not Assignable and Voluntarily Providing a Defense Does Not Create a Duty When No Duty to Defend Existed

The Court of Appeals of Indiana held legal malpractice claims are not assignable and affirmed dismissal of a claim against an insurer for vicarious liability for the alleged negligence of retained defense counsel. The Court additionally held when an insurer does not owe a duty to defend or indemnify, it cannot be held liable for a breach of the duty to defend if it voluntarily and gratuitously provided a defense anyway.