Gail Offermann v. Liberty Mutual Insurance Company, et al .

Date: 10-24-2025

Case Number: 23-cv-00235

Judge: John W. Broomes

Court: United States District Court for the Northern District of Oklahoma (Tulsa County)

Plaintiff's Attorney:

Defendant's Attorney:

Description: TTulsa, Oklahoma, insurance lawyer represented the Plaintiff on a bad faith breach of contract theory.

In Oklahoma, a breach of contract can be considered "bad faith" when an insurance company unreasonably denies a claim, fails to pay a valid claim, or intentionally delays payment, violating the implied duty of good faith and fair dealing. To prove bad faith, you must show the loss was covered, the insurance company's denial was unreasonable, and their actions directly caused your damages. If successful, you may be able to recover contract damages, emotional distress damages, legal fees, and punitive damages.
Summary of Oklahoma bad faith breach of contract

Implied duty:

Oklahoma law includes an implied covenant of good faith and fair dealing in every contract, which insurance companies must follow.

Bad faith acts:

An insurance company acts in bad faith by, for example, unreasonably denying a claim, withholding payment without a good reason, or deliberately undervaluing a claim.

Applies to:

Bad faith claims are applicable to "first-party" claims, which are claims made by the policyholder who paid the premiums. They do not apply to "third-party" claims.

Proof required:

To win a bad faith claim, you must prove four things:

The loss was covered under your policy.
The insurance company's refusal to pay was unreasonable.
The insurance company violated the duty of good faith and fair dealing.

This violation was the direct cause of your damages.

Potential damages:

If a claim is successful, a court may award several types of damages:

Contract damages: The money that should have been paid under the policy.

Emotional distress damages: Compensation for emotional harm caused by the bad faith.
Legal fees and court costs: The expenses associated with bringing the lawsuit.
Punitive damages: Additional damages to punish the insurer for its conduct.

Outcome: Settled and dismissed with prejudice.

Plaintiff's Experts:

Defendant's Experts:

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