From AOBs to Bad Faith – Past and Potential Legislation
September 16, 2020
This article was originally published in the DRI For The Defense magazine, October 2020 edition. Legal opinions may vary when based on subtle factual differences. All rights reserved.
Insurance bad faith claims are among the most contentious and heavily defended lawsuits in civil litigation. This article will explore the growing use of automation and predictive analytics in the insurance industry, and how courts may evaluate bad faith liability in an increasingly hands-off world.
While the digital value proposition in claims handling is enticing, carriers must continue to align their practices with fair claims handling. As any insurer knows, handling insurance claims can be fraught with danger. The ever-present, looming danger of a bad faith claim hangs like the sword of Damocles over every claim professional who is merely seeking to adjust claims fairly and competently. Make one arguable misstep and the potential expo-sure to the insurer can go from minimum policy limits (even as low as $10,000) to several hundred times that amount…