Practical Tips on Genuine Dispute and Advice of Counsel


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.

LOADING PDF: If there are any problems, click here to download the file.

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

© Bill Daniels, Bill Daniels | Law Offices | Attorney Advertising

Written by:


Bill Daniels | Law Offices on:

Reporters on Deadline

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:

Sign up to create your digest using LinkedIn*

*By using the service, you signify your acceptance of JD Supra's Privacy Policy.

Already signed up? Log in here

*With LinkedIn, you don't need to create a separate login to manage your free JD Supra account, and we can make suggestions based on your needs and interests. We will not post anything on LinkedIn in your name. Or, sign up using your email address.