In South Dakota, insurance bad faith law is based on the legal principle that there is an implied covenant of good faith and fair dealing in every insurance contract. This covenant prohibits either party from preventing or injuring the other party’s right to receive the benefits of the contract. Trouten v. Heritage Mut. Ins. Co., 632…
As lawyers we see many cases of unfair claim denials by insurance companies. In my work I have reviewed hundreds of claim files and attorney files, and I have had the task of using these documents as exhibits in trial. I often get calls asking for advice on how to best write letters to an…
We all think we know what an insurance bad faith case looks like. Right? Not necessarily. I found out a few years ago that I had no idea what to look for in a bad faith case. I was looking for villainous behavior from claims people that lie, cheat, underpay my client, and then let…
