Bad Faith and Insurance Coverage Litigation The firm likely has more experience than any other law firm in Utah in handling bad faith and insurance coverage litigation, particularly on behalf of both plaintiffs and defendants.  Historically, we have represented insurers in coverage and bad faith disputes involving all lines of insurance, including automobile, homeowners, general liability, professional liability/E&O, D&O, health and accident, life, disability, title, fidelity and surety bonds.  However, within the last two decades, we have also represented insureds in coverage and bad faith litigation against certain insurers, while continuing to represent select insurance clients.  We have been the driving force in many landmark cases involving Utah insurance law, including the following examples. • Represented insured in one of the longest and most complex claims of bad faith and fraud against automobile insurer in which the Court of Appeals of Utah established standards of an insurer’s duty to defend the insured in a third-party liability claim which includes a good faith duty to settle, Campbell v. State Farm Mut. Auto. Ins. Co., 840 P.2d 130 (1992).  This case ultimately went before the Utah Supreme Court twice and the United States Supreme Court regarding the validity of a trial jury’s award of punitive damages against the insurer, setting national standards for awarding of punitive damages. • Represented automobile insurer in a coverage suit in which the Utah Court of Appeals established the “fairly debatable defense” in bad-faith claims. Callioux v. Progressive Ins. Co., 745 P.2d 838 (1987). • Represented insureds in claims against health and disability insurers, including Utah Supreme Court cases establishing standards for consequential damages for breach of expressed or implied terms of an insurance contract.  Machan v. Unum Life Ins. Co., 116 P.3d 342 (2005); Billings v. Union Bankers Ins. Co., 918 P.2d 461 (1996). • Represented general contractor in action brought against subcontractor and its commercial general liability carrier to recover indemnity in which Utah Court of Appeals interpreted the term “arising out of” within the meaning of additional insured endorsement, Meadow Valley Contractors, Inc. v. Transcontinental Ins. Co., 27 P.3d 594 (Utah Ct. App. 2001). • Represented insurer in case where the insured sought general liability coverage for suit involving antitrust and malicious prosecution claims.  The Tenth Circuit Court of Appeals affirmed summary judgment in favor of the insurer enforcing the policy’s antitrust exclusion as to all claims alleged against the insured, Reagan Natl. Advertising v. Hartford Cas. Ins.,  2006 WL 2045836. • Obtained $4 million in claim against insurer company for wrongful denial of coverage. • Represented numerous individuals in obtaining disability benefits that had once been denied by insurance carriers. Attorneys primarily engaged in this practice area are: Nathan D. Alder Roger P. Christensen Scott T. Evans Phillip S. Ferguson Rebecca L. Hill L. Rich Humpherys Eric K. Jenkins Dale J. Lambert Kelly H. Macfarlane Karra J. Porter   Heather L. Thuet    For a list of Bad Faith and Insurance Coverage Litigation Cases, click here.