INTERNATIONAL MARINE CLAIMS CONFERENCE 2004 BILL MILLIKEN HAYDEN AND MILLIKEN P.A. FLORIDA

COMMUNICATION WHAT IS THE WORST THING THAT CAN HAPPEN IF IT BREAKS DOWN?

BAD FAITH

FIRST PARTY BAD FAITH FACTORS: ABSENCE OF A REASONABLE BASIS FOR DENYING THE BENEFITS OF THE INSURANCE CONTRACT INSURER’S KNOWLEDGE OR RECKLESS DISREGARD CONCERNING THE LACK OF A REASONABLE BASIS FOR DENYING THE CLAIM

DEFENSES FIRST PARTY BAD FAITH EFFORTS OR MEASURES TAKEN BY THE INSURER TO RESOLVE THE COVERAGE DISPUTE PROMPTLY SO AS TO LIMIT ANY POTENTIAL PREJUDICE TO THE INSURED THE SUBSTANCE OF THE COVERAGE DISPUTE OR WEIGHT OF LEGAL AUTHORITY ON THE COVERAGE ISSUES THE INSURER’S DILIGENCE AND THOROUGHNESS IN INVESTIGATING THE FACTS SPECIFICALLY PERTINENT TO COVERAGE

THIRD PARTY BAD FAITH FACTORS: FAILING TO SETTLE WITHIN THE POLICY LIMITS FAILING TO MAKE AN OFFER OF SETTLEMENT IN A CASE WHERE LIABILITY IS CLEAR AND DAMAGES EXCEED POLICY LIMITS FAILING TO WARN THE INSURED OF THE POSSIBILITY OF AN EXCESS JUDGMENT FAILING TO EXERCISE DUE CARE IN THE INVESTIGATION AND EVALUATION OF THE CLAIM

DEFENSES THIRD PARTY BAD FAITH ACT IN GOOD FAITH ADVICE OF COUNSEL

DAMAGES COMPENSATORY LOST PROFITS MENTAL ANGUISH PRE-JUDGMENT INTEREST ATTORNEYS FEES PUNITIVE DAMAGES

PUNITIVE DAMAGES TEST: A GENERAL BUSINESS PRACTICE AS OPPOSED TO AN ISOLATED ACT WILLFUL, WANTON AND MALICIOUS OR RECKLESS DISREGARD FOR THE RIGHTS OF THE INSURED

TRIPARTITE RELATIONSHIP ATTORNEY HIRED AND PAID BY INSURER TO REPRESENT INSURED

TRIPARTITE RELATIONSHIP RULES OF PROFESSIONAL CONDUCT OBLIGATION CONFLICT OF INTEREST LICENSEMALPRACTICE BAD FAITH

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