When an insurance company issues a policy, it is promising to adjust claims with the same care and diligence it would use if it were their own claim.1 Florida provides that insurers owe “a duty to their insureds to refrain from acting solely on the basis of their own interest in settlement.”2 In essence, the insurance company owe a duty to its insureds to abide by the golden rule; do unto others as you would have others do unto you.
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Merlin 2019 Transpac Team at Waikiki Yacht Club

Hawaii is paradise. The Aloha State deserves its reputation as exotic, fun loving, and a place to reflect about life—as you can tell from the picture above with my friend following the finish of the 2019 Transpac Race. So, it is fitting that insurers who wrongfully breach the peace of mind which insurance is supposed to protect are subject to emotional distress damages in Hawaii.
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Insurance policyholders who are considering suing their insurance companies for bad faith need to consider many pros and cons, including the potential for financial compensation. California juries can allocate the money they award policyholders to several categories, such as unpaid policy benefits, attorney fees, and punitive damages. This post addresses punitive damages and looks at three key issues that came up in a recent decision from California’s Second Appellate District.1 Keep in mind, there are many other factors to consider, and there is no substitute for a consultation with an experienced insurance law attorney.
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If your home was burglarized, would you sit back and do nothing? No. You would likely call the police or law enforcement to report the burglary, and hope they find your stolen property. If the police arrested the person who stole your property, would you let that person off without punishment, accountability, and repayment for your stolen property? Hopefully not – you would hold them accountable because they violated the law, and took something that belonged to you – they deprived you of your property that you worked hard to earn and purchase.

So why wouldn’t you hold the insurance company, adjusters, or other insurance personnel accountable if they violate the law? Maybe you didn’t know that you could, but you can, which is why its incredibly important to know your rights under the Texas Insurance Code.
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Bad faith cases really should be named “lack of good faith” cases because the duty is on the insurance company to act in the utmost of good faith and fair dealing with the policyholder. “Bad” has nothing to do with it. Alabama, however, carries the “bad faith” definition one step further by delineating a cause of action for “abnormal bad faith.”
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Minnesota Statute section 604.18, commonly known as Minnesota’s Bad Faith Law, permits an insured to add a claim to recover taxable costs based on an insurance company’s bad faith denial of policy benefits. The procedure for bringing a claim under section 604.18 differs from most states. Generally, an insured is strictly prohibited from including a claim for bad faith in its initial pleading. Rather, the insured must seek leave to amend the complaint, supported with affidavits, showing the factual basis for the motion. The insurer may then submit evidence to show there is no factual basis for the motion. Section 604.18 requires that the moving party (the insured) establish, by prima facie evidence, that the nonmoving party (the insurer) is liable under the statute. If the court finds such prima facie evidence, it may grant the insured leave to amend their pleading.
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