Extra Contractual and Bad Faith
Porteous, Hainkel and Johnson, L.L.P. specializes in handling the broad spectrum of “bad faith” and extra-contractual claims, which confront insurance companies on a daily basis. Our firm is well versed in the obligations of the insurer to the insured and we have successfully defended insurance companies against allegations of improper fulfillment of the insurer’s fiduciary duties. 

An Extra Contractual claim is one in which the insurance company has alleged liability for more than the limits of policy coverage. These claims can result from excess judgment, or allegations that the insurer breached its duty to defend, committed unfair claims and/or settlement practices, as well as institutional “bad faith” and punitive damages.

Bad faith claims are based on the alleged breach of a fiduciary duty owed to the insured. Our firm is understanding of the inherent conflict that exists in third party litigation resulting from the insurer’s interests in settling suits and claims versus the insured’s interest. This ever-present conflict has resulted in a substantial increase in allegations that insurers do not take all reasonable and necessary steps to protect the insureds from excess judgments.  Our attorneys investigate all avenues to ensure that our insurance clients are represented in a fair light.

The scope of our services includes:

• Defense of bad faith and extra-contractual liability claims and lawsuits
• Coverage analysis
• Advice and direction for claims handling
• Drafting of denial or reservation of rights letters
• Prosecution or defense of declaratory judgment actions in state or federal court involving coverage issues

Excess and Surplus Lines Insurance

Extra Contractual and Bad Faith

Insurance Coverage

First Party & Third Party Claim Defense

Katrina/Rita Litigation

Reinsurance

OUR PRACTICE