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Case Number: 3:23-cv-00748
Judge: Ed Kinkeeade
Court: United States District Court for the Northern District of Texas (Dallas County)
Plaintiff's Attorney: Ryan Browne
Defendant's Attorney: Young Jenkins
Description: Dallas, Texas insurance lawyer represented Plaintiffs who sued Defendant on a bad faith breach of insurance contract theory.
"Sure, I can help you with that.
In Texas, bad faith breach of insurance contract law is a tort that allows an insured to recover damages from an insurance company that has acted in bad faith in handling a claim. To prove bad faith, the insured must show that the insurance company:
Knew or should have known that its actions were unreasonable;
acted with deliberate indifference to the insured's rights; and
caused the insured to suffer damages as a result of its actions.
Some examples of bad faith conduct by an insurance company include:
Denying a claim that is clearly covered by the policy;
Failing to investigate a claim promptly and thoroughly;
Failing to disclose material information to the insured;
Making false promises to the insured; and
Engaging in misrepresentation or fraud.
If you believe that your insurance company has acted in bad faith, you should consult with an attorney to discuss your legal options.
Here are some of the key factors that Texas courts consider when determining whether an insurance company has acted in bad faith:
The reasonableness of the insurance company's actions;
The insurance company's knowledge of the facts;
The insurance company's motive;
The insurance company's delay in handling the claim;
The insurance company's attitude towards the insured; and
The prejudice to the insured caused by the insurance company's actions.
If you are successful in proving bad faith, you may be able to recover damages for:
The actual losses you suffered;
Punitive damages; and
Punitive damages are designed to punish the insurance company for its bad faith conduct and to deter other insurance companies from engaging in similar conduct. Attorneys' fees are typically awarded to the insured if they are successful in proving bad faith.
If you believe that your insurance company has acted in bad faith, you should contact an experienced attorney to discuss your legal options. An attorney can help you gather evidence, file a lawsuit, and negotiate a settlement with the insurance company."
Outcome: 08/04/2023 12 STIPULATION OF DISMISSAL of All Claims and Parties by Allstate County Mutual Insurance Company. (Jenkins, Young) (Entered: 08/04/2023)
08/04/2023 Civil Case Terminated pursuant to the Stipulation of Dismissal. (chmb) (Entered: 08/04/2023)