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What Are Bad Faith Cases?


Hi, I’m John Ostroff, thanks for visiting Ostrofflaw.com You’ve clicked on the question about bad faith cases and I’m gonna give you some information about them.

Bad faith occurs when an insurance company fails to evaluate a claim in good faith. I’m gonna first give you an example of a case we tried in Lancaster County. My partner Rich Godshall tried the case and obtained a verdict of $400,000. State Farm Insurance only had $100,000 policy on the person that harmed our client. They only offered $1,000 before trial. We obtained a $400,000 verdict. The verdict was so much higher than the insurance and the offer that the State Farm insured, the person that caused the crash, was exposed to the difference between the amount of their insurance and the 400,000. In other words, they were personally responsible for that. That was a result of their insurance company failing to properly protect them by failing to properly evaluate their claim, to fairly evaluate their claim. State Farm paid our client the full $400,000 verdict within about 30 days of that verdict.

The reason they did it is because they knew they knew they committed bad faith and they knew they had no basis to appeal that verdict. Bad faith occurs when insurance companies don’t act fairly, when they try to take advantage of injured people and when they don’t take steps to adequately protect their insured. And when that happens, we’re happy to take them to trial and if we can prove bad faith, if we can get a verdict in excess of the insurance in a situation where we can prove bad faith or we can prove they failed to evaluate your claim in good faith, we can get the full amount of the verdict, not just the amount of the insurance policy.

I hope that answers your question, thanks.

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