Kutak Rock is a trusted advisor for helping insurers avoid extra-contractual exposure, including assistance in avoiding multi-million-dollar set-up judgments, defending against those judgments if they cannot be avoided, and in avoiding exposure in the context of first-party claims. Our attorneys provide creative, thorough, and prepared strategies to defend bad faith and extra-contractual claims in some of the most difficult jurisdictions for insurers.
Kutak Rock insurance litigation attorneys work closely with clients to minimize the risk of extra-contractual claims, whether those are common law or statutory bad faith claims focused on the claim at issue, institutional bad faith claims, or claims brought under unfair trade practices or consumer protection statutes.
Successfully defending bad faith and extra-contractual lawsuits begins with accurate determinations of coverage and properly documenting the claim file. Our attorneys can provide training to adjusters so that their claim handling follows best practices in the jurisdiction and best positions the insurer to mitigate exposure in the event a lawsuit is filed. But if a lawsuit is filed, the skills of our attorneys with negotiation, arbitration, trial, and appeal allow us to bring a case to resolution in ways that match the needs of the case.
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