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Category Archives: Bad Faith

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Insurance – Bad Faith

Posted in Bad Faith
An apartment complex sustained a fire loss to its business and hired a public adjuster to assist in preparing the property damage claims. Subsequently, the apartment complex assigned its interest in the bad faith claims against the insurance company and insurance agency to the public adjusting company and, in turn, the public adjuster filed suit … Continue Reading

Bad Faith Action For Damages Claimed By A Homeowner

Posted in Bad Faith
A husband and wife purchased a home in which the mortgage holder carried the property insurance policy in the name of the mortgage company. At some point, the couple’s home was damaged by a water leak resulting in significant flooding to their home. The homeowners submitted a claim to the insurance company requesting payment for … Continue Reading

Litigation Misconduct In Bad Faith Litigation

Posted in Bad Faith
An insurance company was sued for breach of contract and bad faith and received summary judgment by the trial court. The insured appealed to the Oklahoma Court of Civil Appeals who affirmed in part and reversed in part the trial court’s ruling holding that while a breach of contract did exist since the insurer denied … Continue Reading

Legal Opinion Stating No Coverage Did Not Prevent Bad Faith Judgment

Posted in Bad Faith
An Oklahoma insurance company’s reliance upon a legal opinion that there was no payment due under the policy did not prevent a judgment for bad faith and punitive damages.  In Barnes v. Oklahoma Farm Bureau Mutual Ins. Co., 2000 OK 55, 11 P.3d 162, the insurer purportedly obtained a legal opinion from an Oklahoma lawyer before refusing to pay UIM … Continue Reading

Failure To Obtain A Legal Opinion Can Be Bad Faith

Posted in Bad Faith
Bad faith can result in Oklahoma from failing to obtain a legal opinion before denying coverage.  In Harrell v. Old American Ins. Co., 1991 OK CIV APP 91, 829 P.2d 75, a claims examiner failed to seek legal advice regarding a coverage question before denying payment.  The Oklahoma Court of Appeals said it was reasonable to … Continue Reading

Oklahoma Attorneys Often Use Bad Faith To Increase Damage Awards

Posted in Bad Faith
Oklahoma lawyers suing insurance companies for breach of contract in first-party cases find themselves limited by the damages which can be awarded for breach of contract.  Under 23 O.S. § 21, the measure of damages for breach of contract is the amount which will compensate a party for the damage.  In Osborn v. Comanche Cattle Industries, Inc., 1975 … Continue Reading

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