The good news is, insurers have pushed so hard on the genuine dispute doctrine as a defense to bad faith that it may be the courts, both state and federal, are starting to push back. The bad news is, the common law develops slowly, so insurance bad faith litigation remains a challenging area.
As for the advice of counsel defense, it seems that genuine dispute has been so powerful for carriers that to the extent advice of counsel is used, it no longer plays a leading role. Even so, practitioners need to keep a weather eye out to avoid getting surprised at trial. It's simple to do, but you will need to add the prophylactic measures described below to your bag of tricks.
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