Insurance Coverage and Bad Faith


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Insurance policies are issued to cover many situations which may occur in a business environment as well as an individual's life.  The FREEMAN FIRM's attorneys have experience reviewing insurance policies for both businesses and individuals and will pursue the rights of our clients for those occurrences covered under an issued policy.  It is notoriously difficult to enforce the duties and responsibilities an insurance company has to its insured.  Persistence and an understanding of the insurance code and case law are essential.  And if an insurance company refuses to abide by a policy's provisions, the attorneys of the FREEMAN FIRM have the experience and skill to litigate a case of bad faith. 


Representative Insurance Clients Include

  • B&D, Inc.
  • Fayette Manufacturing
  • Sullivan & Associates
  • California Tank Lines
  • The Garibaldi Company
  • Sierra Chemical Company


Representative Insurance Cases Include

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Insurance Company  v. FREEMAN FIRM's Client: Business

Case Overview

The FREEMAN FIRM's client had a business policy with Insurance Company.  For three years, Business paid the premium charged by Insurance Company.  After a policy review, Insurance Company claimed Business owed over half a million dollars, alleging the policy provided for an adjustment of the final premium.  The FREEMAN FIRM filed a motion to dismiss Insurance Company's complaint to collect the unpaid premiums.  The trial court agreed with the FREEMAN FIRM's argument that Insurance Company had a duty to deal fairly and honestly with Business and dismissed the complaint and entered judgment in favor of Business.  Insurance Company's appeal was unsuccessful.  The FREEMAN FIRM's client, Businesss, paid nothing beyond the premiums originally paid.

Insurance Company v. FREEMAN FIRM's Client: Manufacturer

Case Overview

The FREEMAN FIRM's client, Manufacturer, was sued by a purchaser of their product.  Under Manufacturer's insurance policies, Insurance Company had a duty to provide legal representation in that action.  However, Insurance Company claimed it was investigating its duty to defend while the litigation proceeded.  Leaving Manufacturer no alternative, Manufacturer hired the FREEMAN FIRM to defend it in the action filed by the purchaser.  Although Insurance Company paid the FREEMAN FIRM's legal fees until Insurance Company finally undertook Manufacturer's representation, Insurance Company later sued Manufacturer for reimbursement.  The FREEMAN FIRM represented Manufacturer in the collection action filed by Insurance Company.  The FREEMAN FIRM stood firm on its position that Insurance Company had a duty under its insuance policies to defend Manufacturer and therefore was not entitled to any reimbursement.  The trial court agreed, and Manufacturer paid nothing to Insurance Company.


Frequently Asked Questions:

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What is Bad Faith?

Bad Faith is neglect or refusal to fulfill a duty or a contractual obligation which is not prompted by an honest mistake, but by some interested or sinister motive; bad faith implies the conscious doing of a wrong because of a dishonest purpose.

What is a General Liability Policy?

A General Liability Policy is insurance that indemnifies the insured against liability on account of injuries to a person or property of another; a general liability policy covers lawsuits against the insured.

What is a Policy Period?

A Policy Period is the time period from the date an insurance policy begins and the date an insurance policy ends; it is the period for which the policy applies.

Who is an Insured?

The insured is a person or business which obtains or is otherwise covered by insurance on valuables, such as real and personal property, injuries, personal health, or life.

Who is an Insurer?

The insurer is an insurance company or underwriter with whom a contract of insurance is made; an insurer is the party who assumes the risk.

All definitions provided in this section of our website are paraphrased from Black's Law Dictionary and are meant to provide only basic information about the terms used herein.

If you have a question about our firm or want to schedule a consultation with an attorney, please call 209. 474.1818 or fill out our contact form so we may provide additional assistance.

Freeman, D'Aiuto, Pierce, Gurev, Keeling & Wolf 

1818 GRAND CANAL BOULEVARD . SUITE 4 . STOCKTON . CALIFORNIA 95207

Tel   209.474.1818   /   Fax   209.474.1245   /   info@freemanfirm.com

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