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Date: 05-11-2023
Case Style:
Case Number: 5:23-cv-00428
Judge: Liles C Burke
Court: United States District Court for the Northern District of Alabama (Jefferson County)
Plaintiff's Attorney:
Defendant's Attorney: Horace Cecil Ireland, III
Description: Birmingham, Alabama insurance law lawyer represented Plaintiff who sued Defendants on bad faith breach of an insurance contract.
In Alabama, an insurance company may be liable for bad faith if it breaches its duty to act in good faith and with reasonable dispatch in handling an insurance claim. This duty arises from the implied covenant of good faith and fair dealing that is inherent in all contracts.
To establish a claim for bad faith, the insured must prove that the insurance company:
Knew or should have known that its actions were unreasonable;
Intended to cause the insured harm; and
Actually caused the insured harm.
The insured may recover damages for the following:
The amount of the insurance claim;
Interest on the amount of the claim;
Punitive damages; and
Mental anguish damages.
The statute of limitations for filing a bad faith claim in Alabama is two years.
Here are some examples of bad faith insurance practices:
Denying a claim without a reasonable basis.
Delaying the payment of a claim.
Failing to investigate a claim thoroughly.
Failing to settle a claim in good faith.
Attempting to mislead the insured about their rights under the policy.
If you believe that your insurance company has acted in bad faith, you should contact an experienced insurance attorney to discuss your legal options.
Outcome: The Court GRANTS the 8 Motion to Transfer Venue and this action is TRANSFERRED to the Southern District of Alabama; original electronic record will be uploaded to the to Clerk of Court 10 business days from this date. Signed by Judge Liles C Burke on 5/11/2023. (AHI) (Entered: 05/11/2023)
Plaintiff's Experts:
Defendant's Experts:
Comments: