Civil Litigation,
Insurance,
California Courts of Appeal
Mar. 5, 2018
Bad faith liability for insurers arises before the duty to defend
A recent decision provides insureds with both legal support and a roadmap for holding insurers accountable for bad faith claims handling, regardless of whether the claim at issue is ultimately covered by the insured’s policy.
Michael S. Gehrt
Partner
Pasich LLP
Email: mgehrt@pasichllp.com
Michael represents insureds in complex insurance coverage matters.
The California Court of Appeal's recent decision in Planet Bingo, LLC v. The Burlington Insurance Co., 2017 Cal. App. Unpub. LEXIS 1056 (Feb. 14, 2018), confirms that insurers can face bad faith liability for dilatory claims investigations and other improper claims-handling activities even if there is no coverage under the policy. Although as yet unpublished, the decision provides insureds with both legal support and a roadmap for holding i...
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