Scott Seaman, Co-Chair of Hinshaw’s global Insurance Services Practice Group, is joined by Hilary Harmsworth and Sam Vardy of Howden Insurance Brokers to introduce a new fifty-state survey on U.S. bad faith law and to briefly discuss bad faith law in both the United States and the United Kingdom.
The survey, which was prepared by Hinshaw, Howden, and RPC, provides a brief overview of bad faith law. For each of the states, it states whether or not first-party bad faith claims are recognized; whether or See more +
Scott Seaman, Co-Chair of Hinshaw’s global Insurance Services Practice Group, is joined by Hilary Harmsworth and Sam Vardy of Howden Insurance Brokers to introduce a new fifty-state survey on U.S. bad faith law and to briefly discuss bad faith law in both the United States and the United Kingdom.
The survey, which was prepared by Hinshaw, Howden, and RPC, provides a brief overview of bad faith law. For each of the states, it states whether or not first-party bad faith claims are recognized; whether or not third-party bad faith claims are recognized; whether consequential damages are potentially available; whether emotional distress damages are potentially recoverable; whether attorney’s fees are potentially recoverable; whether punitive damages are potentially recoverable; whether an excess insurer may assert a claim against a primary insurer for a judgment in excess of primary policy limits; whether bad faith claims may be assigned; and whether bad faith claims may be dismissed or stayed pending a determination of coverage.
The survey also outlines steps to minimize bad faith exposure, and identifies the overall risks presented by the various states generally as high, medium, and low.
To access the survey, please email Scott Seaman, Hilary Harmsworth, or Sam Vardy.
sseaman@hinshawlaw.com
harmsworth@howdengroup.com
vardy@howdengroup.com See less -
