Bad Faith

The term “bad faith” generally describes when an insurance carrier improperly handles a claim. There are specific statutory thresholds for what constitutes bad faith in Louisiana.  An insurance carrier found to be in bad faith may be responsible for penalties, damages and attorney’s fees.  Interpreting legal concepts such as “arbitrary and capricious,” “without probable cause” and “good and sufficient proof of loss” can be confusing to the most experienced insurance professional.  At Barry & Company we are experienced in advising insurance carriers on issues of claim payment and bad faith assessment.  We also have extensive trial and appellate experience in litigating whether an insurer violated Louisiana’s bad faith statutes.  If you have a question about what constitutes bad faith, please contact our office to speak with one of our attorneys.