Tressler is proud to announce Michael DiSantis and Kari Shane’s new publication “50-State Survey: Bad Faith Standards Related to Handling of Third-Party Liability Claims”.

Preview of Introduction:

This survey addresses the standard for liability for third-party bad faith in the context of a claim against the insurer for breach of the duty to settle a third-party claim against the insured. Nearly all states have held that an insurer may owe a duty to settle a third-party claim against its insured and may be liable for amounts exceeding the policy limits where it breaches that duty. States have articulated varying standards for an insurer’s liability. Some states apply a negligence standard and hold that an insurer breaches its duty when it fails to settle where an ordinarily prudent insurer would have settled the case. Other states apply a bad faith standard requiring more than negligence to establish that the insurer failed to give equal consideration to the insured’s interest. Various states have applied more or less stringent standards or have provided more or less specificity as to what constitutes breach of the duty to settle.

If you have any questions about this publication, please contact Michael DiSantis at mdisantis@tresslerllp.com. 

About Michael DiSantis

Michael DiSantis is a partner in the Insurance Services and Litigation Practice Groups and focuses his practice in the areas of insurance coverage analysis and insurance coverage litigation. In his practice, Michael assists insurance companies in evaluating complex coverage issues and disputes, litigating declaratory judgment actions, and defending allegations of breach of contract and extracontractual liability in litigated matters.

Michael has evaluated coverage issues arising under a wide variety of coverages and substantive areas of law, including traditional exposures like toxic tort, environmental, and construction defect, and emerging exposures such as hotel trafficking and social media claims. He has extensive experience in evaluating issues arising out of commercial general liability and excess coverage, and is also experienced in evaluating first-party, environmental impairment liability, and directors & officers insurance policies.  Michael has successfully litigated disputes arising out of “personal and advertising injury” coverage and has represented clients in complex disputes arising from environmental claims under historical commercial general liability and modern environmental impairment liability policies.

Michael has represented insurance companies in litigated matters in state and federal courts throughout the country, including the prosecution and defense of declaratory judgment actions and the defense of lawsuits alleging extracontractual liability.  He regularly provides legal assessments to clients evaluating, investigating, and handling claims that present excess exposures, and provides clients with advice as to how to respond to policy limit demands. Michael has participated in many mediations in contexts ranging from simple coverage disputes to mass tort to catastrophic losses. Click here to read Michael’s full attorney biography.

About Kari Shane

Kari Shane is an associate in Tressler’s Insurance Practice Group in the Chicago Office. Kari advises insurers on policy matters including professional liability, fidelity bonds, directors’ and officers’ liability, commercial general liability, employment practices liability and first-party property claims. Additionally, she handles insurance coverage analysis disputes, and litigation. Click here to read Kari’s full attorney biography.

About Tressler

Headquartered in Chicago, with ten offices located in six states, Tressler LLP is a national law firm comprised primarily of attorneys who devote their practice to the representation of the insurance industry in coverage analysis and resolution, litigation, underwriting consultation, product development, claims management, and reinsurance.

In addition, Tressler has one of the most experienced and multi-faceted government law practices in Illinois, and has attorneys who represent clients in commercial litigation, defense litigation, corporate transactions, employment law and litigation, intellectual property, and condominium and common interest community association law.

For more information, please visit www.tresslerllp.com.