Bad Faith Update

Bad Faith Update

Our Attorneys Share Their Experience with Bad Faith Insurance Claims

Insurance companies are designed to keep us afloat and help us recover after unplanned accidents or illnesses. As part of their operating agreement within the United States, these companies are required to act in “good faith,” or with fairness and honesty.

When an insurance company tries to take advantage of you, they are acting in bad faith. At Presley & Presley, LLC, we’ve been advocating for the injured and insured in the bad faith context for over 30 years. To assist our colleagues and inform our clients, we compiled our results and experiences into a monthly Bad Faith Newsletter.

Our Bad Faith Newsletter has been around for nearly five years and continues to publish on a monthly basis. In our newsletters, you can find everything from an intro to bad faith claims to an explanation of state-specific bills.


To explore the complex, ever-changing field of bad faith, check out all six, 12-issue volumes below:

Volume One

Issue 1: An Intro to Bad Faith Claims
Issue 2: Missouri Supreme Court Decides Scottsdale Insurance Company and Wells Trucking, Inc., v. Addison Insurance Company
Issue 3: Bad Faith Claims Where Coverage Not Found
Issue 4: Coverage Denial Absent a Reservation of Rights
Issue 5: “Bad Faith Setup” As a Defense to an Insurer's Failure to Settle?
Issue 6: Pleading Facts Within Coverage
Issue 7: Drafting §537.065 Agreements: A Cautionary Tale
Issue 8: Multiple Claimants Multiple Problems
Issue 9: Adjuster Negligence in Bad Faith Cases
Issue 10: The Essential Claims File
Issue 11: Satisfying the Excess Judgment
Issue 12: Excess Carrier’s Bad Faith Exposure

Volume Two

Issue 1: Bad Faith Update Recap
Issue 2: The Concurrent Proximate Cause Rule - Coverage Despite Excluded Causes
Issue 3: Statutes of Limitations on Bad Faith Cases
Issue 4: Notice and Cooperation
Issue 5: Choice of Law
Issue 6: Hunter v. Moore (Take Two)
Issue 7: Settlement Agreements When Coverage Not Denied
Issue 8: Common Interest Protection
Issue 9: Motor Vehicle Financial Responsibility Law
Issue 10: Reasonableness of Judgment
Issue 11: Leaving No Stone Unturned - Co-Employee Claim Coverage
Issue 12: The Sauvain Saga - Satisfying The Excess Judgment

Volume Three

Issue 1: 24 Issue Recap
Issue 2: Reworking the Carriers Procedural Process for Intervention
Issue 3: The Impact of an Underlying Judgment
Issue 4: Pitts v. Loenberger: Protecting the Wrong Interests
Issue 5: Sherman v. Kaplan: Intervention Post Allen v. Bryers
Issue 6: Clayborne v. Enterprise Leasing
Issue 7: Developments from Around the Country
Issue 8: Privileges and The Proper Timing of Bad Faith Claims
Issue 9: Missouri’s Bad Faith Bill
Issue 10: How to spot carrier actions that demonstrate bad faith.
Issue 11: Other Avenues to Extra-Contractual Awards
Issue 12: Recent Missouri Coverage Decisions

Volume Four

Issue 1: Three Years of Bad Faith Updates
Issue 2: Excess Carrier’s Refusal to Consent to Settlement
Issue 3: Misrepresenting Coverage Creates Potential Extra-Contractual Exposure
Issue 4: Post Claim Reporting Conduct
Issue 5: Different Strokes for Different Folks
Issue 6: Totality of the Circumstances
Issue 7: More Claimants, Fewer Problems?
Issue 8: Policy Limits Offers Do Not Preclude Later Bad Faith Claims
Issue 9: Western District Decides Application of Amended §537.065
Issue 10: Removal and Remand: Equitable Garnishments to Stay in State Court
Issue 11: Policy Limits Tender & Excess Letter DO NOT Excuse Poor Claims Handling
Issue 12: Once Permitted, Always Covered?

Volume Five

Issue 1: Four Years and Counting
Issue 2: Missouri Jury Finds Offer and Payment of Policy Limits Does Not Preclude BF Finding
Issue 4: Bad Faith Failure to Defend
Issue 5: Preemptive Declaratory Judgment Dooms Bad Faith Verdict
Issue 6: No Right to Intervene After THIS Arbitration Award
Issue 7: Reasonableness of Settlement Structure
Issue 8: Eastern District Addresses Numerous Coverage Issues
Issue 9: The Middle Ground
Issue 10: RESTATEMENT OF LAW On Liability Insurance
Issue 11: No Unconditional Right to Intervene
Issue 12: Expert Testimony

Volume Six

Issue 1: Another Year In the Books
Issue 2: Long Arm of the Law
Issue 3: Real Collusion Justifies Dismissal and Leads To Large Fee Award For Carrier
Issue 4: Blown Opportunities And No Alternatives Lead To Catastrophic Excess Judgment

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    - Georgia
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What Sets Presley & Presley Apart

  • Highly Skilled in Personal Injury & Insurance Bad Faith
  • Hundreds of Millions Recovered for Our Clients
  • One of the Most Distinguished Firms in the Industry
  • More Than Three Decades of Experience