Insured v. Carrier Client (Bad Faith)
Proper claims handling shouldn’t result in adverse judgments. Hardiman & Carroll has years of experience defending insurance carriers who have been wrongly sued for breach of the implied covenant of good faith and fair dealing. Cheryl Castrogiovanni Guz prepared the winning briefs seeking summary adjudication and summary judgement on behalf of a carrier in Santa Clara Superior Court.
The carrier received an auto theft claim from its insured. The carrier accepted the claim and began investigation. Following a period of complex claims handling and investigation, including issues relating to the lack of responsiveness of the insured, the carrier adjusted the undisputed portion of the loss. Despite continued failure to provide required documentation pertaining to the loss, the insured asserted the claims handling was unreasonably delayed and filed suit against the carrier, alleging breach of contract, intentional infliction of emotional distress, intentional interference with contractual relations, and negligent interference with prospective economic advantage.
Cheryl conducted an exhaustive investigation and review of the claim handling history. Based on the detailed chronology of the claim, deposition testimony and controlling case law, Cheryl obtained summary judgment, vindicating the claims handling by the carrier.