Bad Faith Litigation
For decades, our attorneys have been in the forefront of bad faith litigation, including representation of both insurers and claimants. Our experience in this area runs the gamut from providing training to insurance carriers on how to handle claims consistent with the requirements of good faith so as to avoid bad faith claims to resolution and litigation of those claims in the trial courts and on appeal.
Representative appellate experience in these areas includes the following:
Dahmen v. American Family Mut. Ins. Co. (Held that in insured's action alleging claims for benefits under the UIM policy and for insurer bad faith, insurer was entitled to bifurcation of the claims and to stay of discovery on bad faith claim pending resolution of UIM claim.)
Mowry v. Badger State Mut. Cas. Co. (Held that insurer did not commit bad faith in failing to settle within policy limits even though driver's liability for accident was probable and damages were concededly in excess of policy limits, where question of coverage under the policy was fairly debatable.)
Warmka v. Heartland Cicero Mut. Ins. Co. (Interpretation of statute of limitations applicable to insurer bad faith, where court held that insured’s claim for bad faith against its insurer was subject to the two-year statute of limitations for intentional torts.)