White Paper

5 Pages
  • 5 Pages

Reverse Bad Faith Claims


Gain insight on arguments both for and against reverse bad faith.

Reverse bad faith refers to a cause of action allowing an insurer to assert a claim for affirmative relief against an insured who acts improperly in the claim handling process. Most states recognize claims and remedies for the insured – sometimes very broad – for improper claim conduct.  Should insureds also be subject to liability for their misconduct? This white paper summarizes the arguments made on both sides of this issue, and discusses the few published decisions in which courts have addressed whether and when to allow reverse bad faith claims.



David M. Schoeggl

David M. Schoeggl

Lane Powell PC

  • Shareholder at Lane Powell PC and Chair of the Insurance Team
  • Focuses his practice on complex high-stakes trials and arbitrations for clients, including national and international insurers, the aviation industry, product manufacturers, and local businesses facing difficult or unusual claims
  • Can be contacted at 206-223-7383 or [email protected]
Michael M. Brown

Michael M. Brown

Lane Powell PC

  • Associate at Lane Powell PC
  • Skilled trial lawyer with substantial experience resolving complex insurance disputes
  • Advises national and international insurers and litigates cases involving every type of insurance policy, from commercial liability to first-party property, to ERISA-governed plans
  • Can be contacted at 206-223-7087 or [email protected]

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