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What is Bad Faith Law

Cases We Handle

Tips for Consumers

• 12 Costly Mistakes To Avoid when Dealing with Your Insurance Company
  
• 12 Secrets To Getting A Fair Settlement From Your Insurance Company
  
• 15 Ways Insurance Companies Must Treat Your Claim

Articles for Lawyers

• Insurance Bad Faith - It's Not What You Think It Is
  
• 10 Fatal Mistakes Lawyers Make When Dealing With Insurance Bad Faith
  
• Lawyers Guide to Insurance Bad Faith Claims
  
• Nature Of Bad Faith Law: Legacy Of South Dakota Supreme Court Cases
  
• Unfair Trade Practices Act And Other South Dakota Statutes
  
• Institutional Bad Faith: Policies And Practices That Harm Insurance Policyholders
  
• Rule Of Equal Consideration: Insurer Must Give Equal Consideration To Interests Of Its Insureds
  
• Insurer's Good Faith Duty To Investigate Medical Injuries
  
• Unreasonable Delay In Claim Payment: Eventual Payment Does Not Release Insurer From Bad Faith Liability
  
• Scope Of Attorney-ClientPrivilege: Overcoming Insurer Objections
  
• Attorney Work-Product: Overcoming Insurer Objections
  
• Claims Files: Primary Source Of Information In First-Party Bad Faith Cases
  
• Claims Manuals And Procedure Guides: Discovery Of Training And Policy Interpretation Materials
  
• Discovery Of Insurer Employee Incentive Plans: Rewarding Employees For Paying Insurance Claimants Less
  
• Personnel Files: Discovery Of Pay For Performance Goals
  
• Corporate Philosophy: How Insurance Companies Influence Claims Personnel Behavior
  
• Insurer Loss Reserves: Evidence Of Knowledge Of Coverage And Other Bad Faith Issues
  
• Reinsurance And Other Insurance Agreements: Communications Between Insurers And Their Reinsurers
  
• Discovery Of Other Bad Faith Lawsuits And Past Litigation
  
• Confidentiality Agreements And Protective Orders: Insurer Attempts To Keep Claims Handling Secret
  
• TRADE Secrets: Insurer Designation Of Internal Documents As Trade Secrets
  
• State Farm v. Campbell: Rebutting Insurer Myths
  
• Other Acts Of Similar Conduct: Proof Of Bad Faith, Wrongful Intent And Punitive Damages
  
• Admissibility Of Similar Conduct Evidence: Degree Of Similarity
  
• Admissibility Of Subsequent Acts Of Similar Conduct
  
• Post-Litigation Conduct: Discoverability And Admissibility
  
• Compensatory Damages For Emotional Distress: Insurer Attempts To Exclude Evidence Of Damages For Emotional Distress
  
• Insurers' Use Of S.D.C.L. § 21-1-1.4 (punitive damages hearing) To Preclude Discovery
  
• Burden Of Proof Required To Establish Punitive Damages
  
• Standrad Of Review Of Punitive Damages: Constitutional Due Process And Other Issues
  
• Ratio Of Punitive Damages To Compensatory Damages: Small Amount Of Economic Damages Does Not Preclude Higher Punitive Damages
  
• Workers' Compensation Insurance: Employer/Insurer Liability
  
• Duty Of Good Faith Is Nondelegable: Insurers And Self-Insurers Cannot Avoid Bad Faith Liability By Delegating Responsibility
  
  

News Headlines

• Class-Action Victory Satisfies Woman
  
• Counsel's Pursuit of Insurance Carrier Helps Thousands of Cancer Patients
  
• Plaintiffs Use Little Known Theory to Win Bad Faith Insurance Case
  
• Minor Workers' Comp Denial Leads to Huge Bad Faith Verdict
  
• Two Careers, Four Kids and a New Life in the Black Hills
  
• Insurer Paying $20 Million to Settle Lawsuit With Cancer Patient
  
• State Official Advised Company
  
• Lincoln Woman to Get Share of $20 Million Suit Settlement
  
• Jury Awards $12 Million to Ailing Worker
  
• South Dakota Attorney, Co-Counsels, and Breast Cancer Survivor Plaintiff Win Steven J. Sharp Award
  

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