Goldberg Segalla partners Thomas F. Segalla and Colleen M. Murphy, along with attorney Caroline W. Early, have updated “Bad Faith as a Continuum” on LexisNexis in the Practical Guidance section, which was authored by Tom and Colleen in November 2023.

Demonstrating their multiple decades of combined experience in insurance law, the article analyzes the current bad faith claims environment and provides guidance on how claims professionals can avoid or mitigate the risk of a bad faith claim.

The updated version of the article reflects broad refinements rather than substantive shifts in its core thesis. It has been refreshed to incorporate more recent legal developments, expanded practical guidance for claims professionals, and updated references to modern claims handling expectations and methodologies. The article also includes enhanced discussions of industry practices, examples illustrating contemporary challenges, and improved checklists aimed at helping insurers avoid or defend against bad faith allegations.

Tom is a renowned and highly respected bad faith thought leader and co-author of the renowned insurance law treatise “Couch on Insurance 3d.” He has published and lectured extensively for many professional organizations and is frequently called upon by major insurance carriers and policyholders as a bad faith and insurance coverage expert across the United States.

Colleen, who serves as a leader of Goldberg Segalla’s insurance regulatory team, is also an established thought leader, having been published extensively in the Insurance Journal, Professional Liability Magazine, and Inside Counsel, among others. Colleen is well known for her work on high profile bad faith litigation matters in multiple jurisdictions.

READ THE FULL ARTICLE HERE (SUBSCRIPTION REQUIRED)

MORE ABOUT GOLDBERG SEGALLA’S Thomas F. Segalla:

Tom is a nationally recognized authority on bad faith, reinsurance, and insurance, an ARIAS-U.S. Certified Arbitrator and mediator, and a founding partner of the firm. He has been retained as counsel and as a consultant by numerous major insurance carriers and policyholders in more than 40 jurisdictions nationally and internationally and has served as an expert witness in more than 100 bad faith, coverage, and extracontractual cases across the country. His practice focuses on the insurance coverage and claims-handling process of matters involving bad faith; defense; construction site personal injury accidents (Labor Law §§ 200, 240(1) and 241(6)); toxic tort and environmental issues; and extracontractual, product liability, professional liability and railroad litigation. He also has experience representing and advising life science, pharmaceutical, and medical device industry clients.

MORE ABOUT GOLDBERG SEGALLA’S Colleen M. Murphy:

As a leader of Goldberg Segalla’s insurance regulatory team, Colleen taps into her deep insurance regulatory experience to successfully handle domestic and international insurance and reinsurance regulatory issues and transactions. Representative transactions include leading the team that helped Mitsui Sumitomo close a $350 million cross-border Insurtech acquisition. Colleen’s expertise is frequently called on in complex insurance coverage and bad faith litigation across the country. She has worked extensively alongside Thomas Segalla, author of the renowned insurance law treatise Couch on Insurance 3d, on numerous matters in which he was retained as a bad faith and insurance coverage expert by major insurance carriers and policyholders in jurisdictions across the United States. Colleen also counsels and defends clients including sureties, stop loss insurers, plan administrators, insurance agents and brokers, and trustees in the context of civil litigation, arbitrations, and regulatory actions arising out of all forms of self-funded health plans, under ERISA as well as municipal self-funded plans.

MORE ABOUT GOLDBERG SEGALLA’S Caroline W. Early:

Caroline focuses her practice on counseling and representing clients in insurance coverage litigation arising under a variety of policies. While attending the Wake Forest University School of Law, she was executive editor of the Wake Forest Law Review and served as a law clerk in the office of Kentucky Attorney General Daniel Cameron. Caroline’s experience also includes working as a legal intern for the Alliance Defending Freedom. Before beginning law school, Caroline worked in nonprofit fundraising.