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Bad Faith Archives

Reservation of Rights Notices Must be Provided to Every Insured

A reservation of rights notice is a letter sent by the insurance company to its insureds (those covered under the policy) acknowledging that the insurance company is aware of the claim and are investigating it.  The letter explains that all or part of the claim may be denied coverage for various reasons (it "reserves" the insurance company's right to later deny coverage).  All insureds should receive timely notice of this potential denial of coverage so he or she can adequately protect his or her interests.  

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.

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