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Insurance

Jan. 27, 2007

Think Before Suing

FOCUS COLUMN - By Barry Zalma - Before your clients get excited about bad-faith claims, you should make sure they did not give wrong information to the carrier when they bought their policies. Even innocent misrepresentations could give the carrier the right to rescind -- and avoid bad faith.

Focus Column

By Barry Zalma
     
      Contrary to common belief, insurers seldom deny claims. When they do, they are almost always sued for the tort of bad faith. Most lawyers suing insurance companies understand that a wrongful denial of an insurance claim can open up a simple contract dispute to one in which tort and punitive damages can be awarded against the insurer.
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