We help people when insurance companies don't keep their promises.


Abourezk and Garcia Articles

INSURANCE BAD FAITH - IT'S NOT WHAT YOU THINK IT IS



10 FATAL MISTAKES LAWYERS MAKE WHEN DEALING WITH INSURANCE BAD FAITH



LAWYERS GUIDE TO INSURANCE BAD FAITH CLAIMS



NATURE OF BAD FAITH LAW: LEGACY OF SOUTH DAKOTA SUPREME COURT CASES



UNFAIR TRADE PRACTICES ACT AND OTHER SOUTH DAKOTA STATUTES



INSTITUTIONAL BAD FAITH: POLICIES AND PRACTICES THAT HARM INSURANCE POLICYHOLDERS



RULE OF EQUAL CONSIDERATION: INSURER MUST GIVE EQUAL CONSIDERATION TO INTERESTS OF ITS INSUREDS



INSURER'S GOOD FAITH DUTY TO INVESTIGATE MEDICAL INJURIES



UNREASONABLE DELAY IN CLAIM PAYMENT: EVENTUAL PAYMENT DOES NOT RELEASE INSURER FROM BAD FAITH LIABILITY



SCOPE OF ATTORNEY-CLIENT PRIVILEGE: OVERCOMING INSURER OBJECTIONS



ATTORNEY WORK-PRODUCT: OVERCOMING INSURER OBJECTIONS



CLAIMS FILES: PRIMARY SOURCE OF INFORMATION IN FIRST-PARTY BAD FAITH CASES



CLAIMS MANUALS AND PROCEDURE GUIDES: DISCOVERY OF TRAINING AND POLICY INTERPRETATION MATERIALS



DISCOVERY OF INSURER EMPLOYEE INCENTIVE PLANS: REWARDING EMPLOYEES FOR PAYING INSURANCE CLAIMANTS LESS



PERSONNEL FILES: DISCOVERY OF PAY FOR PERFORMANCE GOALS




CORPORATE PHILOSOPHY: HOW INSURANCE COMPANIES INFLUENCE CLAIMS PERSONNEL BEHAVIOR



INSURER LOSS RESERVES: EVIDENCE OF KNOWLEDGE OF COVERAGE AND OTHER BAD FAITH ISSUES



REINSURANCE AND OTHER INSURANCE AGREEMENTS: COMMUNICATIONS BETWEEN INSURERS AND THEIR REINSURERS



DISCOVERY OF OTHER BAD FAITH LAWSUITS AND PAST LITIGATION



CONFIDENTIALITY AGREEMENTS AND PROTECTIVE ORDERS: INSURER ATTEMPTS TO KEEP CLAIMS HANDLING SECRET



TRADE SECRETS: INSURER DESIGNATION OF INTERNAL DOCUMENTS AS TRADE SECRETS



STATE FARM V. CAMPBELL: REBUTTING INSURER MYTHS



OTHER ACTS OF SIMILAR CONDUCT: PROOF OF BAD FAITH, WRONGFUL INTENT AND PUNITIVE DAMAGES



ADMISSIBILITY OF SIMILAR CONDUCT EVIDENCE: DEGREE OF SIMILARITY



ADMISSIBILITY OF SUBSEQUENT ACTS OF SIMILAR CONDUCT



POST-LITIGATION CONDUCT: DISCOVERABILITY AND ADMISSIBILITY



COMPENSATORY DAMAGES FOR EMOTIONAL DISTRESS: INSURER ATTEMPTS TO EXCLUDE EVIDENCE OF DAMAGES FOR EMOTIONAL DISTRESS



INSURERS' USE OF S.D.C.L. § 21-1-1.4 (PUNITIVE DAMAGES HEARING) TO PRECLUDE DISCOVERY



BURDEN OF PROOF REQUIRED TO ESTABLISH PUNITIVE DAMAGES



STANDARD OF REVIEW OF PUNITIVE DAMAGES: CONSTITUTIONAL DUE PROCESS AND OTHER ISSUES



RATIO OF PUNITIVE DAMAGES TO COMPENSATORY DAMAGES: SMALL AMOUNT OF ECONOMIC DAMAGES DOES NOT PRECLUDE HIGHER PUNITIVE DAMAGES



WORKERS' COMPENSATION INSURANCE: EMPLOYER/INSURER LIABILITY



DUTY OF GOOD FAITH IS NONDELEGABLE: INSURERS AND SELF-INSURERS CANNOT AVOID BAD FAITH LIABILITY BY DELEGATING RESPONSIBILITY



 

Telephone: (605) 342-0097 Fax: (605) 342-5170 email-