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Authors

John M. Forbes

Publication Date

5-28-2025

Document Type

Comment

Abstract

This Article seeks to explain bad faith in insurance litigation. Its purpose is to provide a general overview of the cause of action, as well as outline some of the nuances which make bad faith difficult to litigate for all involved. In this Article, Part III will introduce the general idea of the cause of action and discuss some of its history. Part IV will discuss the mechanics, including: first and third-party claims, procedural prerequisites, the origins of a claim, whether insurers must pay a claim to avoid bad faith, assignment, damages, and summary judgment. Part V will explain why bad faith should matter to practitioners. Part VI will cover a bit about why bad faith can be confusing. Part VII will dive into some of the discovery issues associated with bad faith actions. Part VIII will explain what a bad faith set up is and how legislatures are addressing them. Part IX will outline some more recent legislative changes which will affect future bad faith cases. Finally, Part X will conclude by tying bad faith back to some events current to the time of writing.

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