Bad Faith - “The Decline of the So-Called Doctrine of ‘Continuing Bad Faith,’” ABA Tort, Trial & Insurance Practice Law Journal, Vol. 43, No. 2 (Winter 2008)
“The Decline of the So-Called Doctrine of ‘Continuing Bad Faith,’” an article written by RDB attorneys Scott Turner and Rosanne Stafiej and published in the ABA Tort, Trial & Insurance Practice Law Journal, calls into question attempts to inflate the doctrine of “continuing bad faith.” Responding to an article appearing in the same publication in Fall 2006, which argued for an expansion of the classes of post-coverage litigation conduct that can constitute insurer “bad faith,” the authors discuss the principles underlying bad faith law and how a failure to consider these principles has led to this unfounded legal anomaly. Mr. Turner and Ms. Stafiej assert that an insurer’s post-coverage litigation conduct should not be used to show “bad faith” or “continuing bad faith” because it is unduly prejudicial and inevitably results in insurers being held to a higher standard of litigation conduct.