Practice Areas

Defense of Bad Faith Litigation

'Amato & Lynch is one of the most specialized and highly experienced law firms in the United States in representing insurers in bad faith matters. The firm has represented insurance companies against allegations of wrongful denial of coverage, and improper claims handling and settlement practices, including claims seeking extra-contractual and punitive damages. For example, the firm was successful in having New York's highest court sharply restrict the right to recover punitive damages against insurers. At the same time, The Court of Appeals held the Unfair Claims Practices Act did not afford a private right of action.

The firm often acts as supervisory counsel in bad faith litigation throughout the United States and, for example, acted as supervising counsel in obtaining the reversal of the then largest insurance bad faith judgment in California history which was a $200 million verdict. McLaughlin v. National Union, 29 Cal.Rptr. 2d 559, 29 Cal. App. 4th 1132 (1994). The firm supervised the defense of American Medical v. National Union, which resulted in the reversal of a $12 million bad faith judgment after obtaining review in the Unites States Supreme Court of an appeal from the U.S. Court of Appeals for the Ninth Circuit, 244 F. 3rd 715. In addition to litigating bad faith claims, the firm counsels insurers on the avoidance and mitigation of bad faith problems.

THE MEMBERS OF THE FIRM INVOLVED WITH DEFENSE OF BAD FAITH LITIGATION INCLUDE: