Defendant's Attorney: Grand Rapids, Michigan insurance defense lawyer represented the Defendant.

Description: Grand Rapids, Michigan insurance law lawyer represented the Plaintiffs who sued the Defendants on bad faith breach of insurance contract theories.


Key elements of a bad faith claim in Michigan:

Breach of the duty of good faith and fair dealing: This duty requires the insurance company to handle claims promptly, fairly, and in accordance with the terms of the policy.
Arbitrary, reckless, or indifferent conduct: The insurance company must have acted in a way that is unreasonable or without justification. This could include denying or delaying claims without a valid reason, failing to investigate claims properly, or offering inadequate settlements.
Causation: The insurance company's conduct must have caused you damages, such as financial losses, emotional distress, or other harm.

Damages you may be able to recover:

Actual damages: This includes the amount of money the insurance company should have paid under the policy, as well as any related expenses you incurred due to the denial or delay of your claim.
Statutory penalties: Michigan law allows for penalties of up to 12% per annum on the amount of the claim, if the insurer acted in bad faith.
Attorney's fees: In some cases, you may be able to recover your attorney's fees from the insurance company.
Emotional distress damages: You may be able to recover compensation for emotional distress caused by the insurance company's actions.

Unique aspects of Michigan law:

No separate tort for bad faith: Michigan does not recognize a separate tort for bad faith. This means that you must bring your bad faith claim as a breach of contract claim.
Kewin v. Massachusetts Mutual Life Insurance Co.: This landmark case established the standard for proving bad faith in Michigan. It requires you to show that the insurance company acted with "arbitrary, reckless, indifferent, or intentional actions or disregard of the interests of the person owed a duty."
Comparative fault: Michigan follows a comparative fault system. This means that your recoverable damages may be reduced by your percentage of fault for the denied or delayed claim.

Outcome: Settled for an undisclosed sum and dismissed with prejudice.

Plaintiff's Experts:

Defendant's Experts:

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