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"Insurer Bad Faith Is A Reality That Dispels All Myth"

By: Joan M. Cotkin, Steven E. Knott

Joan Cotkin and Steven Knott wrote an article on “Insurer Bad Faith Is A Reality That Dispels All Myth” that was published in Law360 on May 22, 2018.  The pair wrote the article in response to an Expert Analysis column previously published in Law360, positing that it is extremely difficult to prove that an insurer acted in bad faith.  Ms. Cotkin and Mr. Knott disputed this viewpoint by reviewing California law, which seeks to protect insureds, along with California jury instructions that help jurors to determine whether an insurer acted in bad faith or not.  They concluded by encouraging insurers to “treat their insureds fairly, to avoid substantial exposure to tort damages,” because they argued that it is easier to prove bad faith than many insurance companies — and their outside counsel — may realize.

The full article can be read here (paid subscription required).

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