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Insurance Bad Faith and Extra Contractual Claims



Insurance Bad Faith and Extra Contractual Claims

An Extra Contractual claim is one in which the insurance company has potential or alleged liability for more than the limits of policy coverage. These claims result from excess judgment, or allegations that the insurer breached its duty to defend, committed unfair claims and/or settlement practices, as well as institutional "bad faith" and punitive damages.

Third party bad faith claims are based on the alleged breach of a fiduciary duty owed to your insureds. We are understanding of the inherent conflict that exists in third party litigation resulting from the insurer's interests in settling suits and claims versus the insured's interest. This ever present conflict has resulted in a substantial increase in allegations that insurers do not take all reasonable and necessary steps to protect the insureds from excess judgments.

First party claims, once treated as adversarial, now also incorporate the insurer's fiduciary duties as in a third party claim. That is, even though your insured is making a claim against you, a fiduciary duty may exist. It is not just a breach of contract claim. As a result, there is an abundance of allegations that the insurer did not properly evaluate or settle a claim and tender funds in a timely if not immediate fashion. Countless claims necessitate immediate attention to ensure that such allegations of first party bad faith are kept to a minimum. We will work with you to balance your fiduciary duty with the adversarial relationship. When necessary, we will defend allegations and suits found on bad faith.

Ramey & Kampf, P.A., often serves as presuit counsel to either the insurance company or insureds in matters involving multiple competing claims, excess exposure or a combination of the two. We provide advice on claims handling and settlement negotiations to help avoid the inherent pit-falls of these situations.

The firm employs a range of informational services that address the needs of insurance professionals, including superintendents, adjusters and risk managers, in the areas of loss prevention, case evaluation, bad faith analysis, insurance coverage, policy interpretations and claims file handling with respect to BI, UM/UIM and PIP litigation.

Our attorneys are well versed in the obligations of the insurer to the insured and have successfully defended insurance companies against allegations of improper fulfillment of the insurer's fiduciary duties.

Contact an experienced insurance bad faith attorney at Ramey & Kampf, P.A., today.

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RAMEY & KAMPF, P.A.
400 North Ashley Street, Suite 1700
Tampa, FL 33602
Phone: 813-241-0123
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