Goldberg Segalla

Sandra Snaden Kuwaye, special counsel in Goldberg Segalla’s Global Insurance Services and Professional Liability Practice Groups, authored this article for the Connecticut Law Tribune highlighting recent developments that show bad faith litigation must commence before a UIM case is decided.

“The typical bad faith scenario is familiar enough,” Sandy writes. “An insurance company fails to indemnify its insured for a claim brought by a third party. Or an insurance company declines to pay a loss sustained by the insured, say for property damage under a homeowner’s policy. The insured believes the insurer acted wrongfully and then brings a separate suit against the insurance company alleging that the insurer breached the contract of insurance and acted in bad faith. In both scenarios, the bad faith action is brought against the insurer after it has made a final decision to deny the claim. In the context of a claim for underinsured motorist (UIM) benefits, however, a lawsuit against the insurer is filed prior to the insurer’s final decision to deny or pay the claim.”

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