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Abstract: 

Bad faith claims have become particularly important to financial institutions and their successors as they seek coverage for suits brought by regulators, investors, and others in wake of the financial crisis. This article explains the general law surrounding such claims, setting forth the legal standards at issue, the measures of proof, and specific behaviors by insurance companies that can open them up to possible liability, and then suggests useful strategies for practitioners who are actually litigating bad-faith claims.

Keywords: bad faith; unreasonable conduct; discovery; claims handling; insurance company prior conduct

Affiliations:  1: Jenner & Block LLP; 2: Jenner & Block LLP.