Earlier this year, I posted about whether a policyholder has a right to independent counsel when a possible conflict of interest appears between the carrier and the policyholder. (You can read that post here.) We’re frequently asked that question, because when insurance companies agree to defend a claim, they often send a reservation of
duty of good faith and fair dealing
Insurance Bad Faith
By Gene Killian on
Posted in Bad Faith
In ethics or metaphysics, the “law of unintended consequences” states that, for any willed action, there are consequences that occur which are not intended. The concept has long existed, but was named and popularized in the 20th century by American sociologist Robert K. Merton.
Merton would have been fascinated by laws that were intended…
The duty of good faith and fair dealing in litigation
By Gene Killian on
Posted in Bad Faith
Really good stuff over at Chip Merlin’s blog about what happens when insurance companies and trial lawyers mislead courts.
The duty of good faith and fair dealing
By Gene Killian on
Posted in Bad Faith
I’m just back from Orlando where I had the opportunity to speak at an ABA conference on business interruption insurance. During the talk, I referred to a case I often cite, Rawlings v. Apodaca, 151 Ariz. 149, 726 P.2d 565, 1986 Ariz. LEXIS 253 (1986). For me, the key quote from the case is:
“In…