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Bad Faith Claim Can be Assigned to Accident Victim

The Pennsylvania Supreme Court recently ruled that a insured should be able to assign (or transfer) his or her bad faith claim against the insurance company to an injured third party.  Supporters of this decision believe that it will foster settlement and efficient claims handling by the insurance companies.  Counsel for the insurance company involved in the case argued that permitting such assignments would cause plaintiff's to make unreasonable settlement demands and foster the filing of bad faith claims that would not otherwise be pursued.

When you are covered by an insurance plan the insurance company has to deal with your claims with good faith and fair dealing.  If the insurance company denies a claim which is covered under the terms of the policy or that an insured (you the covered individual) reasonably believes to be covered under the policy then that may amount to bad faith.  Bad faith is an actionable claim and punitive damages might be recoverable (meaning you could recover the amount of the claim plus additional damages).   

The PA Supreme Court's recent decision clarifies the law in our state--such bad faith claims may be assigned to a person you injure in an accident.  You can read more about bad faith in our related blog post here.  If you or a loved one feel you may have a bad faith insurance claim, please visit us online or call for a free case evaluation.

"Bad-Faith Claims May be Assigned to Third Party", by Max Mitchell, The Legal Intelligencer, December 18, 2014

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