Assess the potential for success in bad-faith cases.Bad-faith claims are often defended vigorously and are costly to pursue. Before you commit to what may be a lengthy fight for justice, ask yourself the following questions. What is the personal plight of the insured plaintiff? Will his or her story resonate res·o·nate v. res·o·nat·ed, res·o·nat·ing, res·o·nates v.intr. 1. To exhibit or produce resonance or resonant effects. 2. with jurors? What is the amount of the contract claim? Does the fact that the plaintiff has been deprived of that sum justify a significant emotional distress emotional distress n. an increasingly popular basis for a claim of damages in lawsuits for injury due to the negligence or intentional acts of another. Originally damages for emotional distress were only awardable in conjunction with damages for actual physical harm. award? What amount of compensatory damages A sum of money awarded in a civil action by a court to indemnify a person for the particular loss, detriment, or injury suffered as a result of the unlawful conduct of another. is likely to be awarded for economic loss, emotional distress, and attorney fees? The greater that amount, the greater the potential for punitive damages Monetary compensation awarded to an injured party that goes beyond that which is necessary to compensate the individual for losses and that is intended to punish the wrongdoer. , especially in states that cap punitive damages at three times the compensatory award. How long has the insured been a policyholder? Jurors expect insurers to give long-standing insureds the benefit of the doubt and will be more likely to punish companies that don't. What is the length of time between the claim and compensation? A lengthy period of denial bolsters your argument that claims personnel are taught to hold on to the insurer's money for as long as possible to maximize profits. How do people perceive the insurance company? Slogans such as "good hands," "good neighbor," and "piece of the rock" give the impression that the insurer can be trusted, but jurors may perceive the slogans simply as marketing tools rather than standards of care Standards of care are medical or psychological treatment guidelines, and can be general or specific. They specify appropriate treatment protocols based on scientific evidence, and collaboration between medical and/or psychological professionals involved in the treatment of a given that the company promises to meet. Guy O. Kornblum San Francisco San Francisco (săn frănsĭs`kō), city (1990 pop. 723,959), coextensive with San Francisco co., W Calif., on the tip of a peninsula between the Pacific Ocean and San Francisco Bay, which are connected by the strait known as the Golden |
|
||||||||||||||||
Printer friendly
Cite/link
Email
Feedback
Reader Opinion