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Timely Notice is your on-the-go source for sharp takes and expert analysis of the latest trends, breaking news, and sea-changes in global insurance law. 

Oct 4, 2018

Lewis Collins, a partner in Butler Weihmuller Katz Craig’s Tampa office, joins the show to discuss why comparative or reverse bad faith should be considered as part of extracontractual liability causes of action. Lewis describes common scenarios that justify apportioning fault in bad faith lawsuits. Using case law from several different jurisdictions, Lewis explores the evolution and current viability of the comparative bad faith defense. Lewis also talks about how, even in states where there is no comparative bad faith, courts recognize a requirement for an insured to act fairly with an insurer.  Finally, he explains what insurers can do to avoid attempts to manipulate the claims and litigation process.