Bad Faith

The Bad faith practice group is comprised of Attorneys with considerable experience in claims handling and coverage issues in both personal and commercial policies. Our Attorneys have frequently lectured to both bar and trade associations on proper claims handling and the avoidance of bad faith. Several of our clients have requested that we provide training in claims handling and we have assisted in preparing claims handling manuals. In addition, our Attorneys have testified as experts in bad faith cases.

Bad faith cases are often a “battle ground” for discovery issues. We are familiar with the issues presented in these cases and understand the need for trust and confidentiality. Bad faith claims typically involve discovery requests for sensitive information such as claims manuals, employee files and trade and financial information. Our experienced Attorneys understand the law and practice, having litigated numerous discovery disputes. In addition, key claims or underwriting employees are often targeted for deposition. These depositions can become contentious and intimidating. Many times, the witness, despite being familiar with the litigation process, has never actually had to testify. We work with our clients to ensure that they are properly prepared and comfortable with the process. Our clients have often told us that our preparation sessions are considerably more involved than the actual depositions. It is our philosophy, however, that proper preparation eliminates surprise and will help minimize exposure.

Swartz Campbell LLC has handled bad faith claims in both state and federal court. We have defended multiple carriers throughout these jurisdictions, including at the appellate level. We have handled matters involving commercial and residential property loss, fire claims, and denial of coverage, auto claims, third party bad faith and agricultural claims. Our experience allows us to recognize both the strengths and weaknesses of our defenses. When appropriate, we have offered our clients unique and innovative strategies to resolve these matters. If trial is needed however, our attorneys are aggressive and thorough. We pride ourselves on our service which is based upon thorough preparation and organization. In addition, we recognize how important it is to ensure that our clients are well-informed throughout the litigation process.