lifeunderwriter.net

In insurance “bad faith” cases, the main issue is typically whether the insurer, in addressing the claim of its insured, acted reasonably and in good faith, or whether its conduct was unreasonable and in “bad faith.”  In order to address these issues, courts sometimes allow testimony from so-called “bad faith” experts to address insurer practices and industry standards.  The Tenth Circuit, and Oklahoma federal courts, have been reluctant to allow such expert evidence, as was recently found in Higgins v. State Farm Property & Casualty Insurance Co., 2012 WL 2369007 (N.D. Okla. June 21, 2012).  In Higgins, the court rejected testimony from experts by both parties as to claims handling standards and bad faith.  Higgins involved an insurer’s denial of uninsured motorist benefits relating to a motor vehicle accident of its insured.  The plaintiff in Higgins sponsored a practicing attorney who had many years of experience litigating insurance claims as…