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Date: 10-30-2024
Case Style:
Case Number: 6:24-mc-6
Judge: Ronald A. White
Court: United States District Court for the Eastern District of Oklahoma (Muskogee County)
Plaintiff's Attorney:
Defendant's Attorney: No appearance
Description: Muskogee, Oklahoma insurance law lawyer represented the Plaintiff in a bad faith breach of insurance case.
In Oklahoma, a bad faith breach of insurance contract occurs when an insurance company acts unreasonably or in an unethical manner in handling a claim. The insured must prove the following elements to make a bad faith claim:
The insured's loss was covered by the policy
The insurance company's refusal to pay the claim was unreasonable
The insurance company failed to act in good faith and deal fairly with the insured
The insurance company's breach of good faith and fair dealing directly caused the insured's damages
Some examples of bad faith behavior include:
Delaying payment
Offering an unfairly low settlement
Retroactively canceling the policy
Withholding material facts
Misrepresenting information
Failing to defend the policyholder against lawsuits
If a bad faith claim is successful, the insured may be awarded compensatory and punitive damages. Punitive damages are additional compensation intended to punish the insurance company and deter similar conduct in the future. In Oklahoma, punitive damages are capped at either $100,000 or the amount of compensatory damages awarded, whichever is greater.
Outcome: Unknown
Plaintiff's Experts:
Defendant's Experts:
Comments: