Representing People Who Have Been Wrongly Injured
Bad Faith Update Over Three Decades of Experience, Compassion & Results

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.

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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 3: WUNDERLICH

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

Our Clients' Success Stories

Over 30 Years of Client Satisfaction
  • “Presley & Presley went above and beyond the call of justice, Matt and Kirk did an excellent job in representing my case.”

    - Michael
  • “I can't begin to thank Kirk Presley and his staff enough. I would highly recommend them to fight for you.”

    - Georgia
  • “This law firm has been more than a blessing to me and my family.”

    - Rebecca
  • “They have made sure my son was absolutely taken care of! Having Mr. Kirk Presley work with my family has been a blessing.”

    - Former Client
  • “If I'm ever in need of legal assistance again, I will without a doubt be returning to this law firm.”

    - Carlos
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