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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
September 30, 2019

Aaron French to Present at DRI’s Insurance Coverage and Practice Symposium on December 6, 2019 in NYC

Aaron French will be speaking with co-presenter Cory Person on December 6, 2019 at 10:15 a.m. (Eastern) in the session titled Ethical Issues with Sharing Information. He will be discussing the tripartite relationship and the ethical dilemmas which may arise for defense counsel retained by the insurance company to defend the insured.

Bad Faith Blog
February 12, 2017

Tri-Partite Relationship Did Not Result in Bad Faith Exposure

Summary: The insureds sued their homeowners’ insurer and the defense attorneys hired by the insurer alleging bad faith in handling their claim, legal malpractice, and breach of fiduciary duty. The insurer resolved the bad faith claim by funding a settlement of the underlying third party claim. The Court of Appeals affirmed judgment entered in favor of the defense attorneys after an analysis of the challenging relationship between insurer, defense attorney, and insured. This case serves as a reminder that proper handling of the tri-partite relationship is necessary whenever the insurer has a duty to defend; otherwise, the insurer may face bad faith exposure.