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Advertisement Keeping the Cap On the Policy: Unreasonable Conduct Is a Necessary Element of a “Bad Faith Failure to Settle” Claim Tuesday, March 9, 2021 Pinto v. Farmers Ins. Exch., Cal. App. 5th (2021) Over the past several years, the insurance industry in California has been plagued by waves of “bad faith failure to settle” claims.  These claims arise out of a variety of circumstances and can take many forms, but at their core involve the following: an insured injures a third party; that third party then offers to settle his/her claim for the policy limits; but the insurer, for one reason or another, fails to accept that settlement demand.  Once that happens, the third party claimant then takes the position that the “cap is off” the policy such that the insurer should be responsible for paying the full amount of any judgment the claimant obtains against the insured, even if it exceeds the policy limits.

United statesAlaxandrea martinAlexander pintoJudicial councilSupreme courtJudicial council of california civil jury instructionCalifornia rule of courtFarmers insurance exchangeCalifornia courtCalifornia supreme courtCalifornia civil jury instructionInsurance exchangeDana orcuttCalifornia supremeCalifornia ruleBad faith failure to settle claims