There are three basic categories of damages a policyholder can recover if she wins a bad faith case. Bad faith cases can be worth significant amounts of money. In fact, a meritorious bad faith case can result in far more
Doug Terry
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Oklahoma Supreme Court Examines “Legitimate Dispute” Defense, Favors Policyholder
By Doug Terry
The “legitimate dispute” defense is asserted in many, if not most, bad faith cases. As noted in a previous post, using this defense, insurance companies often argue there is a “legitimate dispute” with the policyholder about the insurance claim in…
Insurance Companies Often Assert the “Legitimate Dispute” Defense
By Doug Terry
Not every denial of an insurance claim is an act of bad faith by an insurance company. In fact, the law in Oklahoma provides an insurance company has a right to be wrong about a decision on a claim without…
Drones to Be Used to Inspect Roof Damage Losses
By Doug Terry
This story appeared recently in Claims Journal indicating Farmers Insurance is beginning to use drones to inspect homeowners’ roof damage claims. Other companies are sure to follow (if they haven’t already). The idea appears to be that adjusters have been…
What is “Bad Faith”? The Smell Test Applies. . .
By Doug Terry
As noted in a previous post, there is no comprehensive list of acts of bad faith by an insurance company under Oklahoma law. Further, the legal definition of bad faith leaves a lot of gray area to be filled in…
What is “Bad Faith”? Oklahoma Law Says. . .
By Doug Terry
As a young lawyer starting to work on bad faith cases, I was anxious to do the legal research necessary to find a list of acts by an insurance company that qualified as “bad faith.” I began looking in the…
“Artificial Intelligence” in Claim Handling
By Doug Terry
A trend is developing in the insurance industry with regard to the use of “artificial intelligence” throughout an insurance company’s business operation, including handling claims submitted by policyholders. A recent survey of insurance executives revealed that many of them believe…
Health Insurers Allegedly Bilking Medicare
By Doug Terry
This story appeared recently in the New York Times relating the story of Benjamin Poehling, a former finance director at United Health Group, one of the largest health insurers in the country. Mr. Poehling is now a whistleblower who…
Why do insurance companies owe policyholders a duty of good faith?
By Doug Terry
An insurance policy is a contract. The contract basically provides the policyholder will pay the agreed amount of premiums to the insurance company in exchange for the insurance company’s promise to pay covered claims. The law in Oklahoma has long…