Bad Faith
Fonda & Fraser, LLP represents a wide variety of insurance carriers in the defense of “bad faith” cases including disputes over liability, first- and third-party claims, property damage losses, and uninsured motorist claims.
To prove an instance of bad faith an individual or entity must show the insuring company failed to honor the insuring agreement/policy by not paying what was rightfully due the insured individual or entity. Fonda & Fraser's practice not only involves the defense of bad faith actions, it encompasses coverage opinions and litigation entailing complex multi-carrier cases and declaratory relief actions. The potential downsides for an insurance company losing a bad faith claim are often severe and include awards of punitive damages and/or payment of the opposing party's attorney fees on top of the customary compensatory damages; and the possibility of horrific publicity for the insuring company. Fonda & Fraser lawyers handling bad faith cases are cognizant of these potential damages and are intimate with strategies to remove unwarranted prayers and causes of action. Likewise our extensive experience in insurance defense litigation in both the professional and general liability fields afford our bad faith experts special understanding in:
- How to construe the intent and construction of the insuring agreement and support its interpretation as utilized in the handling process of a specific claim.
- What investigative avenues need to be traveled to rule out fraud.
- How written guidelines and protocols can be used against an insurer and conversely in the insurer's favor.
- How and why actual company practice may appear different from procedure manuals.
- Assessing allegations of missing documentation in the form of unprinted emails and lost information during updates of corporate electronic operating and storage systems.
- How external matters, such as changes in statute, case law and public perception may adversely influence jury sentiment.
- The use of top-drawer forensic experts in analyzing specific practices, records, outcomes, and validly testing with causation and industry standards.
