Claims against insurers have multiplied over the past few decades, as have the strategies of plaintiffs. Extra-Contractual Litigation Against Insurers is a comprehensive guide to new theories used in insurance litigation. It examines both the legal underpinnings of novel causes of action and the practical aspects of bringing claims and defending against them. Topics covered include: the insurer's third-party bad faith in refusing to settle; first-party bad faith in refusing to pay benefits; bad faith claims involving specific lines of insurance; common law claims; unfair claims settlement practices; alternative theories of liability, such as unjust enrichment; and more. The authors provide a detailed discussion of trial tactics, covering each phase of trial from commencing an action through discovery, evidentiary rulings, jury instructions, verdict and damages. Extra-Contractual Litigation Against Insurers provides insights on strategies that will benefit all practitioners in this area. No matter which side you're on, this book will help you assess the viability of a claim and represent your clients effectively.

Extracontractual Claims Against Insurers is an authoritative, insiders perspective on the best practices for defending insurers facing bad faith litigation and the potential for punitive damages. Featuring partners and shareholders from some of the nations leading law firms, these experts guide the reader through their strategies for handling claims against insurers for allegedly failing to handle or pay claims properly and offer advice on helping clients prevent or minimize their susceptibility to litigation. From understanding bad faith trends and analyzing the impact of recent case decisions to developing an appropriate defense strategy for each client, these authors discuss the types of claims that currently dominate the legal landscape, and negotiation and settlement options in these scenarios. Additionally, these top lawyers reveal their predictions for the continued evolution of bad faith claims in the insurance arena and make recommendations for staying ahead of these changes to address client concerns. The different niches represented and the breadth of perspectives presented enable readers to get inside some of the great legal minds of today, as these experienced lawyers offer up their thoughts around the keys to navigating this ever-evolving area of law.

This new edition of the text offers guidance on punitive damages, failure of good faith by the insured, insolvency or bankruptcy of the primary insurer, expert testimony, and other topics. It reflects the latest trends in the area, and provides checklists for bad faith or negligence review and for investigation of excess liability claims.

This work offers a compendium of annotations of first-party extra-contractual damage cases, focusing on cases which deal with the insurers duty to act in good faith towards its insureds and the recovery of damages for insured for the insurer's failure to do so. It includes relevant statutes and regulations from the 51 jurisdictions.

Drawn from a 1982 national meeting, this work covers punitive damages, excess of policy limits, discovery techniques, reinsurance indemnity, "bad faith" cases, preventive measures, and property insurance cases.