What Kind of Insurance Produces Bad Faith Claims:

November 17, 2014

Lawyers and Insureds often think of First Party Bad Faith as part of litigating a car accident claim. Plaintiff gets into an accident. Plaintiff has UM/UIM Insurance. Plaintiff's UM/UIM Insurer does not want to pay. Bad Faith litigation results.

 

That was true in 2007. But it gets less true every year. Crunching the MIA's numbers:

 

UM/UIM claims have radically declined and are basically stagnant last year. In 2007-2008, they were an overwhelming majority. Their percentage of total claims radically declined over the years until they stopped being the majority in 2013.

 

What replaced them? Home Insurance claims. Those hit an all-time high in 2013. I can think of two Home Insurance claim based wins. 

 

And Misc. What's Misc? Lots of stuff. Loss of business claims. Race horse insurance claims.

 

This leads to an interesting question:

 

If four of the roughly 11 Insureds wins in bad faith litigation are from non-auto claims, perhaps we should be looking at their odds separately? It's possible --I can't tell without reading all the losses as well-- that non-Auto/UM insureds have considerably better odds before the MIA.

 

 

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