The most problematic issue in defense of bad faith suits is handling discovery requests that are wide-ranging, especially in the face of claim handling that was not, let’s say, perfect. The fact is that there is rarely a claim that is handled perfectly but equally rare are claims where an adjuster, claim manager or carrier are actually acting in bad faith.
Like many states, Florida law is replete with opinions that explain why a reasonable jury could find that an insurance carrier’s actions amounted to bad faith. Of course, there are very few that explain how a carrier can ensure that it is acting in “good faith”. There is no road map for carriers to be certain they are not a target of bad faith claims – the rule is a hindsight review of “totality of the circumstances” with the ultimate questions being “could you have” and “should you have”.
Having solid claim handling procedures, dedicated employees and the correct legal counsel will minimize but can never eliminate bad faith losses. Bob’s experience as a claims manager, litigation manager, coverage specialist and claims training places him in a unique position to assist you in your understanding and handling of potential bad faith matters.
