Bad Faith Blog

Sandberg Phoenix Insurance Team attorneys are active on bad faith and Insurance coverage committees in several state and national organizations. Last week we were attending DRI’s Insurance Claims and Coverage Institute in Chicago and and CLM’S Annual Conference.

The excess insurer subrogated to the insured’s bad faith claim was entitled to pursue its counterclaim against the primary insurer although the named insured was fully protected from excess exposure by a high/low agreement.

Burlington Insurance Company’s denial of the tender to defend additional insured Tim Ryan Construction was deemed a breach of contract, found to be in bad faith, and in violation of Washington’s Insurance Fair Conduct Act (“IFCA”) entitling Tim Ryan Construction to recover attorney’s fees plus an increase in the total award of damages to be determined after the underlying lawsuit had been finally resolved.