- Accident and Injury Law
- Insurance Coverage Lawyers
- Bad Faith Insurance Claims: Legal Information
Insurance Coverage Video Featuring Attorney David Wikstrom
Bad faith law, I’m often hired by other attorneys to pursue bad faith claims. These usually arise out of claims in which an insurance company failed to settle within a policy amount and that exposes the insured to an excess verdict.
My background on this leads me to why I’m often hired and that was I worked for insurance companies and practiced law for insurance companies approximately 10 or 12 years ago. I have knowledge as to what adjusters think and what their knowledge is relating to insurance, bad faith and their obligations to settle cases within a policy limit.
These cases are often referred to me by other attorneys who have a situation where they’ve obtained an excess verdict and they want to know whether or not they can get the full amount of the verdict from the insurance company even though that insurance company had a limited policy. And that usually comes from obtaining an assignment from the insured allowing me to be their attorney and to sue their own insurance company for failing to settle within those policy periods.
The cases don’t often go to trial because insurance companies really don’t want to make bad law. Insurance companies at this point know that there is an obligation to settle the cases within the policy period however they don’t’ want to be the ones to make a very clear bright line rule in the law of the State of New Jersey as to who is responsible, when you’re responsible and why you’re responsible.