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Charlie McDaniel Published in CLM Magazine – “Set-Up” Bad Faith: An Epidemic That Is Not Subsiding

December 4, 2017

Charlie McDaniel published in CLM Magazine.  The article is entitled, “Set-Up” Bad Faith: An Epidemic That Is Not Subsiding.

The assault on insurers via bad faith continues. Although this article focuses on Georgia law, the bad-faith experience is not unique to that state’s insurers. Over the course of the last several decades, the plaintiffs’ bar, in all jurisdictions, has employed various schemes and methods for securing “additional insurance coverage” through the creation of alleged bad faith. Typically, this tactic is used in cases of clear liability, coupled with significant or otherwise catastrophic injuries and limited insurance coverage. Counsel for the injured party submits convoluted or purposely vague and ambiguous time-limited policy limit demands, with the intent of orchestrating a “denial” of the demand through a failure of acceptance. In these instances, the insurer often feels “set-up” solely to increase the amount of available “coverage” through an extra-contractual, bad-faith cause of action.

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