TAIBF Resources
Welcome to TAIBF’s Resource Hub. Below you will find articles and other educational materials about bad faith insurance law.
WHITE PAPER
What is Wrong With the Bad Faith Sections of CS/CS/HB 837
Liability insurance companies take complete control over a claim when it is reported to them. Unlike the older “indemnity” policies, a liability carrier has the exclusive right to control settlement decisions, choose the defense lawyer, and, generally speaking, to decide everything that gets done on the claim. Because insurance companies have control over the financial future of their customer, the law requires them to handle claims in good faith toward the insured and with consideration for the insured’s financial interests… Read more.
FULL BOOK
TAIBF 2023 Issue Book: Why Small Businesses Need Their Traditional Remedy Against Bad Faith
For the last 85 years, our bad faith laws have provided a beneficial effect of inducing
prompt and fair settlement of claims instead of gambling with the assets and credit of the very
customers whose premiums support the company. There is no justification for taking away the traditional rights small businesses have, and need, against insurance companies who commit bad faith when they are supposed to be protecting their customers… Read more.
ISSUE SUMMARY
Common Questions About Third Party Bad Faith
For the last 85 years, our bad faith laws have provided a beneficial effect of inducing
prompt and fair settlement of claims instead of gambling with the assets and credit of the very
customers whose premiums support the company. There is no justification for taking away the traditional rights small businesses have, and need, against insurance companies who commit bad faith when they are supposed to be protecting their customers… Read more.
WHITE PAPER
Granting Insurers Special Immunities in Third Party Claims Puts Small Businesses at Risk of Financial Ruin
Many liability insurance companies have secret business practices that place systematic pressure on people within the claim department to pay as little as possible on all liability claims. Insurance adjusters are trained to make lowball settlement offers… Read more.
WHITE PAPER
Personal Injury Lawyers’ “Bad Faith” Conduct Should Not Eliminate Policyholder Rights
HB 837’s imposition of “good faith” duties on claimants and their attorneys would be DISASTROUS for small businesses and affluent individuals. They grant an immunity to insurers who act in bad faith, to the detriment of policyholders… Read more.
WHITE PAPER
Liability Insurers Are Seeking License to Skirt Their Responsibilities When There Are Multiple Claimants
Multiple claimant cases are rare, often terrible calamities where one act of negligence has injured more people than there are policy limits. Current law just requires insurance companies to act “reasonably” to protect their insureds from the biggest exposure. HB 837 would completely eviscerate the liability insurer’s obligation to investigate and evaluate the most dangerous claim. Under HB 837, the liability insurer can wait for 90 days and do nothing at all… Read More.
WHITE PAPER
The Elimination of Section 627.428 Leaves Policyholders in Peril
This article outlines the unjust ramifications of eliminating Section 627.428, without which it will be impossible for policyholders to find competent representation unless they are willing and able to spend $250,000 in legal fees. Most policyholders will be unable to find representation when they are sued by their own insurance company. This is a recipe for insurer abuse!… Read more.
WHITE PAPER
Some Liability Insurers Act in Bad Faith as a General Business Practice
Many liability insurance companies have secret business practices that place systematic pressure on people within the claim department to pay as little as possible on all liability claims. Insurance adjusters are trained to make lowball settlement offers… Read more.