Questions abound, but judicial assignment of a bad faith claim may provide a remedy to the injured third party when the tortfeasor is unwilling or unable to assign his or her rights and claims against an insurer.

To successfully bring a bad faith claim, you generally need to prove two key elements: that benefits owed under an insurance policy were wrongfully withheld, and that the insurer's conduct in doing so …

Jun 11, 2020 · In summary, even though a third-party claimant will most likely be unable to pursue a claim for bad faith directly against the offending insurance company, compensation for the injured …

In the context of a third-party claim, it is possible to assign a bad faith claim under certain circumstances. This is most typically done in connection with a failure by an insurer to defend and indemnify an …

Aug 21, 2025 · With the increasing possibility of judgments exceeding policy limits, learn about the importance of pursuing bad faith claims against insurance companies to secure fair compensation for …

Jul 27, 1995 · Hire the proper experts, obtain the necessary testimony, and collect the relevant evidence and workup to maximize the value of the underlying case. The excess judgment is the foundation for …

Jun 3, 2025 · Understanding what a bad faith claim is, how to identify it, and the steps you should take in any such scenario is crucial for anyone dealing with a personal injury.

Oct 10, 2022 · Although the California Court of Appeals reached the correct decision in Palma, the bad faith “setup” remains an important strategy for third-party claimants and their counsel.

On certified question from the U.S. Court of Appeals for the Third Circuit, the Pennsylvania Supreme Court confronted the issue of whether statutory bad faith claims may be assigned to an injured third …

Dec 1, 2022 · Until now, Pennsylvania courts had not previously permitted the assignment of extra-contractual tort claims, such as bad faith, in the first-party property context. These recent decisions …