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Date: 08-01-2023
Case Style:
Case Number: 21-CV-976
Judge: Timothy D. DeGiusti
Court: United States District Court for the Western District of Oklahoma (Oklahoma County)
Plaintiff's Attorney: Rick W. bisher, Rex Travis, Riley Bisher
Defendant's Attorney: Margo Shipley, William O'Connor, Jerrick Irby for Ohio Security
Nathan Clark for Argonaut
Description: Oklahoma City, Oklahoma insurance law lawyers represented Plaintiff who sued Defendants on bad faith breach of insurance contract theories.
In Oklahoma, 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 establish a bad faith claim, the insured must prove the following elements:
The insurance company had a duty to act in good faith and fair dealing.
The insurance company breached that duty.
The breach of duty caused the insured harm.
The harm was reasonably foreseeable.
The duty of good faith and fair dealing is an implied term in every insurance contract. This means that it does not have to be explicitly stated in the policy. The insurance company is required to act in a reasonable and prudent manner when handling a claim. This includes investigating the claim promptly, providing the insured with information about the claim, and making a fair and timely decision about whether to pay the claim.
If the insurance company breaches its duty of good faith and fair dealing, the insured may be able to recover damages for the harm that they suffered. These damages may include:
The amount of the claim that was denied.
Interest on the denied claim.
Emotional distress damages.
Punitive damages.
The amount of punitive damages that an insured can recover in a bad faith case is capped in Oklahoma. The cap is either $100,000 or the amount of compensatory damages awarded, whichever is greater.
If you believe that your insurance company has acted in bad faith in handling your claim, you should contact an experienced insurance attorney. An attorney can help you determine whether you have a valid bad faith claim and can represent you in court if necessary.
Here are some examples of bad faith insurance practices in Oklahoma:
Denying a claim without a reasonable investigation.
Failing to provide the insured with information about the claim.
Delaying the payment of a claim.
Offering a settlement that is less than the full value of the claim.
Trying to intimidate or harass the insured into giving up their claim.
If you have been the victim of bad faith insurance practices, you should contact an attorney as soon as possible. You may be entitled to compensation for the harm that you have suffered.
Outcome: Plaintiff's motion for partial summary judgment overruled.
Plaintiff's Experts:
Defendant's Experts:
Comments: