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A treatise on the law of insurance bad faith in Georgia. The authors, attorneys who have practiced in the area of insurance coverage and insurance bad faith for many years, carefully distinguish between the two types of insurance bad faith recognized in Georgia under statute and under the common law.
This volume provides a complete treatment of tort liability of insurers for wrongful conduct. Topics covered include: the liability insurer's duty of good faith and fair dealing in connection with defence and settlement of third-party actions against the insured; the insurer's duty of good faith and fair dealing in handling claims by insurers under first-party policies; the insurer's liability for violation of statutory claims duties; punitive and compensatory damages; pre-trial practice considerations, discussion of the substantive law, and sample form pleadings and jury instructions, with explanatory comments. This work is updated twice annually.
An expose of insurance injustice and a plan for consumers and lawmakers to fight it Over the last two decades, insurance has become less of a safety net and more of a spider's web: sticky and complicated, designed to ensnare as much as to aid. Insurance companies now often try to delay payment of justified claims, deny payment altogether, and defend these actions by forcing claimants to enter litigation. Jay M. Feinman, a legal scholar and insurance expert, explains how these trends developed, how the government ought to fix the system, and what the rest of us can do to protect ourselves. He shows that the denial of valid claims is not occasional or accidental or the fault of a few bad employees. It's the result of an increasing and systematic focus on maximizing profits by major companies such as Allstate and State Farm. Citing dozens of stories of victims who were unfairly denied payment, Feinman explains how people can be more cautious when shopping for policies and what to do when pursuing a disputed claim. He also lays out a plan for the legal reforms needed to prevent future abuses. This exposé will help drive the discussion of this increasingly hot- button issue.
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Health insurance companies claim to act in their customers' best interests, but quite often fail to deliver on that promise. In this step-by-step guide, health insurance attorney Scott Glovsky examines the lawyer's role in helping a client navigate a health insurance denial, from understanding consumer rights, the appeals process, independent medical review, through the intricacies of an insurance bad faith lawsuit, and how the Affordable Care Act has impacted health care law. Drawing from decades of experience from large firms and from his own private practice, Scott uses his unique client-centered approach to shed light on this important and often misunderstood practice area.
This casebook, which has been used as the principal text in more than one hundred law schools, contains extensive material on insurance contract formation and interpretation; insurance regulation; insurable interest and liability for bad-faith breach; property, health, life, and disability insurance; commercial general liability and directors & officers liability insurance; auto insurance; and reinsurance. The casebook gives equal emphasis to personal and commercial insurance, and reprints within the relevant chapters four standard-form insurance policies. There is new material on the interpretation of ambiguities, insurance regulation, the Affordable Care Act, directors & officers insurance, and excess coverage.