Considering Alternatives To Reverse Bad Faith Claims
Law360, New York (November 27, 2017, 12:04 PM EST) -- While an insured's claim against its insurer for bad faith is recognized in most jurisdictions, there is no corresponding recognition for a "reverse bad faith" claim by an insurer against its insured. As a concept, "reverse bad faith" is an action by an insurer against its insured "when the insured willfully submits a fraudulent claim and then sues the insurer in tort for the insurer's 'bad faith' in refusing to pay the fraudulent claim." However, even after considering the public policy reasons for allowing a reverse bad faith claim, and acknowledging wrongdoing by insureds, courts have been unable, or unwilling, to...
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