In a fact intensive decision, the United States Eighth Circuit Court of Appeals in Bamford, Inc. v. Regent Ins. Co., 822 F.3d 403 (8th Cir. 2016), held that a fact question existed as to the insurance company’s failure to settle a claim notwithstanding that the insurance company relied upon multiple efforts to settle, continuously increased its reserves and offers in the settlement process, followed the advice and valuations of two outside counsel and two mediators, discussed the claim value in roundtable meetings with senior management, and reasonably relied upon the state of Nebraska’s reputation as a conservative jury verdict jurisdiction. The trial court had entered a ruling eliminating a key defense which the Eighth Circuit observed required the insurance company to drastically re-evaluate its position which it did not do notwithstanding its previous efforts to evaluate the claim fairly. While interesting on its facts, the Bamford case is so fact-intensive that it provides no procedural value in terms of black letter law. However, it is an interesting case to read because of all the efforts engaged in by the insurance company to try and fairly evaluate the case value which were all for naught when the trial court entered a ruling on one of several defenses.
Steven Plitt is an accomplished author and expert witness, and has been a licensed attorney for 33 years. During his career, he has reviewed and analyzed more than 6,000 claim files from 100 different insurance companies. Based in Phoenix, Arizona, he serves as counselor and expert for insurance coverage and bad faith claims nationwide. For more information or to set up an appointment, please visit his website at insuranceexpertplitt.com