Bad Faith Insurance
Holding Insurers Accountable for Unfair Practices
Early in our involvement with asbestos litigation, it became evident that many insurance companies were unwilling to consider good-faith settlements. These were cases where the manufacturers of the asbestos products that made their way into industrial workplaces held product liability insurance policies. These insurers rarely considered good faith settlement opportunities until a lawsuit was filed and moving close to trial.
This pattern of bad faith dealings extended beyond just asbestos cases and into other areas of our practice. In the litigation setting of today, there is virtually no chance of a settlement short of filing lawsuits and litigating right on up to the courthouse steps. The mantra of insurers is to delay and delay in the hope that the plaintiff or victim will die before realizing his or her day in court.
Publication of “The Oracle Review” ©
1992–1995: The Breast Implant Project: A Journey Through Adversity
During this period, many women sought our assistance due to medical issues related to leaking silicone breast implants. I personally accepted about 200 clients, most of whom were residents of California. However, my focus shifted after a life-altering automobile accident in 1995. This led me to withdraw from active litigation but spurred me to start “The Oracle Review,” an online magazine intended to assist these women. After comprehensive research, we published booklets to guide women residing in 27 states to insurers obligated by law to provide them medical insurance despite their pre-existing conditions, at affordable premium rates.
Late 1980s: The Classic Case of Bad Faith (A Spinoff of The Crazy Horse Landfill Matter)
We initially engaged with the insurer on behalf of one of the two families we were representing in this landmark case, with dozens of policy demand letters. Their home and property, valued at about $250,000, had become uninhabitable due to a lack of potable water. Despite my many letters and there being an opinion from the insurer’s own in-house legal counsel that the claim should be paid, the insurer generally would not respond, and when they did, their responses made no sense. We were so busy with the Crazy Horse Case against Firestone that I brought in another law firm to proceed forward. During the Bad Faith trial, the Claims Adjuster testified that my letters were simply placed in the CGU file, an acronym that stood for "Client Gave Up.” This egregious act led a jury to award our clients $5 million in punitive damages.
Ongoing Investigations: Protecting Seniors from Fraudulent Insurers
The firm has invested two and a half, going on three years examining an insurance matter that appears to have caused significant financial loss to senior citizens, not only in California but throughout the United States. Most of these seniors are not yet aware they have been denied Policy benefits to which they are entitled.
Do You Have a Card Like This?
If you or a loved one have or had a Shipyard or Tire Worker card, it's more than a piece of laminated paper; it's a key to understanding your legal rights, especially amid changing statutes of limitations. Don't let an asbestos-related diagnosis catch you unprepared—your card could be a critical reminder, a piece of the puzzle for securing justice and compensation. You may still have viable rights to pursue.