Bad Faith Claims Against the Insurer, Arising Out of Suits Against the Insured


The focus of this short eBook handbook is on the “bad faith,” “failure to settle,” and the “duty to defend” lawsuits arising out of claims by the injured person against the insured. Such lawsuits also may include other claims of negligence or mishandling by the insurer. However, the same actions by the insurer can be the source of all these claims.

Insurers sometimes deny coverage, or refuse to settle within policy limits. This often leads to a lawsuit by the insured, against the insurer, claiming tort damages for alleged “bad faith” by the insurer. This handbook explores the law involved. This is not intended as legal advice for a specific situation, and legal citations are intentionally not frequent in this summary of the law.

This is a handbook of practical advice. After pointing out what claimant’s attorney can do, we tell the insurer how it can fight back. We close with helpful checklists and examples.

This article was written specifically for North Dakota attorneys and insurers. However, the principles involved apply to most states.

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