Insurance Bad Faith Claims

Bad Faith Practice Group

The foundation of Pullin, Fowler, Flanagan, Brown & Poe, PLLC lies in its relationship with the insurance industry. The firm understands how the insurance industry functions as a whole, including claims adjustment procedures, and also appreciates the demands under which the insurance industry’s management and staff operate.

In 2005, the 1st Session of the 77th West Virginia Legislature ended with a flurry of activity aimed to reform West Virginia’s tort system. As part of this tort reform, the Legislature abolished a third-party claimant’s “bad faith” cause of action, as of July 7, 2005. Under the new bad faith laws, a third-party claimant’s sole remedy is the filing of an administrative complaint with the West Virginia Insurance Commission. The Commission is required to investigate the complaint and hold an administrative hearing and, if deemed necessary, seek appropriate measures against an insurance company. The lawyers of Pullin Fowler & Flanagan can provide effective representation to companies in this administrative process.

First party bad faith claims were not abolished by the new law. The need for representation for first party bad faith matters continues for insurers in West Virginia.

The Bad Faith Litigation practice group at Pullin, Fowler and Flanagan, P.L.L.C. provides a range of services to insurers, including in-house training and seminars, as well as consulting with their insurer clients prior to the inception of litigation regarding issues of insurer bad faith and insurance coverage.

We expend substantial effort to resolve potential bad faith claims before litigation. We are experienced in the use of alternative dispute resolution, including mediation, arbitration and other forms of ADR. If litigation becomes necessary, the attorneys of Pullin, Fowler and Flanagan are prepared to aggressively litigate and try these important cases.

For more information, contact a Pullin, Fowler, Flanagan, Brown & Poe, PLLC insurance bad faith claim attorney.

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