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Lawrence Knapp
Lawrence Knapp
Contributor •

California Insurance Companies Are Immune From Third Party Bad Faith Cases


You probably don’t know it but you can get justice in Kentucky from Insurance Companies run amok, but you can’t in California. In this case, for nearly two years, the company – — American Physicians Assurance Corp., which insures many Kentucky doctors – — refused to engage in settlement discussions. The problem was the CEO’s and CFO’s and the rest of the minions knew that the doctor was at fault and they knew and yet they did not want to pay (probably delaying payment to make interest or profit on some other investment.) When it finally made an offer, after nearly two years, it proposed paying Daniels, the plaintiff, only $75,000, even though the company’s internal documents showed it had valued her damages at $1 million, according to court records. In California she would have absolutely no remedy, because the Supreme Court long ago said that Insurance Companies in this state can not be held accountable for third party bad faith. Kentucky, on the other hand, gives their citizens justice.

In keeping with my latest trend of commenting on the comments to this article. In this particular thread it is obvious that the empathy from many of the commenters is with the insurance industry. Imagine that, they take our money in the form of premiums, deny payment on righteous claims and are still able to convince the public that they are getting taken advantage of by attorneys. If it don’t walk like a duck. It’s not a duck.


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  1. Anti ambulance chaser says:
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    What absolute self-serving nonsense. The only motivation for an attorney promoting third party bad faith is so he can try to “cash in” on the deep pockets of the insurance industry. What he doesn’t say is that those deep pockets are created through consumers insurance premiums, which would skyrocket if bad faith once again became law in CA.

  2. up arrow

    You’re certainly entitled to your anonymous opinion. However, your allegation that premiums would skyrocket if bad faith once again became law in CA is baseless. Just as baseless as when the California legislature was lied to by the insurance industry back in 1975 in order to coerce the passage of MICRA. A cap on medical malpractice premiums that was supposedly going to prevent premiums from skyrocketing. 30 years later the cap still exists, premiums have skyrocketed and so have insurance industry profits. Your riding the wrong horse. The insurance industry is taking us all for a ride.