Bad Faith

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Legal 500 Recognizes Six Cozen O’Connor Practice Areas and 16 Attorneys in its 2023 Guide

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Extracontractual claims pose a unique set of risks to insurers, implicating their business operations and opening potentially vast exposures. Today, it is not enough to have good coverage counsel. Insurers need counsel with deep and specific bad faith and extracontractual experience. Cozen O’Connor’s team of dedicated extracontractual/bad faith attorneys have been practicing in this field for decades.

Our bad faith attorneys defend insurance clients in litigation alleging first- or third-party extracontractual claims related to all lines of business, including property, general liability, professional liability and D&O, life/health/disability and automobile policies. We handle litigation arising from claims handling, underwriting, excess verdicts, uninsured or under-insured motorist coverage, consent judgments, default judgments and garnishment actions. Our attorneys have successfully defeated individual and class claims seeking actual and consequential damages, statutory penalties, punitive damages, attorneys’ fees and policy benefits.

Because Cozen O’Connor is a global leader in the area of insurance coverage and claims litigation, we are often able to defeat breach of contract assertions at the outset, thereby mitigating any extracontractual claims. When appropriate, our attorneys are able to negotiate quick and quiet resolutions to bad faith claims. Because they involve questions of honor, duty and essential fairness, these cases are qualitatively different from other coverage disputes. Our lawyers are able to create practical frameworks for discussion, incentivize reasonable conduct and mutuality, and find solutions that limit insurer exposure.  

When bad faith and extracontractual disputes must be tried, our attorneys have the proven ability to go to court—and win. We regularly and successfully defend major insurers in multi-million dollar bad faith matters in state, federal and appellate courts throughout the United States. Success is not defined simply by getting a defense verdict, but by winning in a way that protects clients’ bottom lines and brands.

 

SERVICE AREAS

  • Successfully defend bad faith litigation from inception through trial
  • Design strategies to defeat institutional bad faith cases
  • Respond to policy limit and time limit demands and analyze potential exposures
  • Assist in the withdrawal of a defense while avoiding bad faith, waiver and estoppel claims
  • Respond to unreasonable discovery requests and consent judgments
  • Bifurcate bad faith claims for discovery and trial, when necessary
  • Avoid or limit impact of policyholder’s assignment of rights
  • Negotiate settlements in bad faith cases with multiple insureds/claimants, multiple insurers, limited insurance; avoid or defend against collusive settlements
  • Monitor underlying litigation and assess impact on coverage issues and potential exposure
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Experience

Publications

Navigating Florida's Bad Faith Reforms After Appellate Ruling

May 02, 2025

Tiffany Bustamante and Nicole Connors contributed the Expert Analysis “Navigating Florida's Bad Faith Reforms After Appellate Ruling'” for Law360.

Retroactivity, Appraisal, and Interpleader: Navigating Florida’s Bad Faith Reforms After Cindy Vo v. Scottsdale [Avoiding Insurance Bad Faith Blog]

April 18, 2025

Introduction The 2023 amendments to Florida Statute § 624.155, enacted through HB 837, significantly reshaped the landscape of bad faith litigation in Florida. Among the most consequential changes were the additions of two key provisions—§§ 624.1551 and 624.155(6)—both aimed at providing...

The Latest On Louisiana’s Bad Faith and Claims-Handling Statutes [Avoiding Insurance Bad Faith Blog]

March 20, 2025

On July 1, 2024, the widespread changes to Louisiana insurance law took effect after Governor Jeff Landry signed Senate Bill No. 323 into law as “Act No. 3” (hereafter, the “Act”). With the first anniversary of the Act rapidly approaching, this blog will summarize the old and the new with...

Claims Notes March 2025 [Alert]

March 04, 2025

Cozen O'Connor’s Global Insurance Department's Claims Notes provides quick, to-the-point summaries of national insurance developments, including notable insurance decisions, legislation, trends, and regulatory guidance.

Troung v. Sanders: Matter of First Impression by the Louisiana Circuit Court of Appeals on “Betterment Deductions” in Third-Party Property Damage Claims [Avoiding Insurance Bad Faith Blog]

January 16, 2025

In December 2024, the Louisiana Second Circuit Court of Appeals rendered a significant opinion in Troung v. Sanders, et al., addressing the contentious issue of “betterment deductions” in third- party property damage claims.[1] Louisiana law allows for a betterment deduction, or credit, to the...

First United Pentecostal Church: Taking Time to Resolve Doubts as to Liability is Not Bad Faith  [Avoiding Insurance Bad Faith Blog]

November 22, 2024

In a recent decision, First United Pentecostal Church v. Church Mutual Insurance Company, the United States Court of Appeals for the Fifth Circuit reaffirmed the principle that an insured must provide adequate evidence that the insurer’s conduct was “arbitrary, capricious, and without probable...

Hurricane Coverage Ruling Clarifies Appraisal Scope In Fla.

November 20, 2024

Tiffany Bustamante, co-chair of the firm’s Bad Faith group, wrote the expert analysis column “Hurricane Coverage Ruling Clarifies Appraisal Scope In Fla.” for Law360.

Claims Notes: November 2024 [Alert]

November 11, 2024

John Ewell reviews recent cases and regulations impacting the insurance industry.

The Fine Line Between Delay and Bad Faith: Insights from the Fifth Circuit. [Avoiding Insurance Bad Faith Blog]

October 23, 2024

A prompt response is critical when disaster strikes, but as the Fifth Circuit recently ruled, delays may be excusable in certain circumstances. In First United Pentecostal Church v. Church Mut. Ins. Co., No. 23-30779, 2024 WL 4511240 (5th Cir. Oct. 17, 2024), First United Pentecostal Church sued...

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Events & Seminars

Upcoming Events

Nuclear Winter: It Doesn’t Have to Be a Doomsday

July 31, 2025 - Park City, UT

Alycen A. Moss will moderate the panel titled, "Nuclear Winter: It Doesn’t Have to Be a Doomsday" at the 2025 FDCC Annual Meeting in Park City, Utah.

Battery Energy Storage Systems: Market Trends and Insurance Coverage Issues

June 25, 2025 - Webinar

Josh Tumen, a member of the Global Insurance Department, and Timothy Dowden (Senior Vice President, Renewable Energy & Power) and Daniel Williams (Senior Vice President, Forensic Accounting) of J.S. Held, will present a Cozen O'Connor webinar titled "Battery Energy Storage Systems: Market Trends and Insurance Coverage Issues."

Homeowner’s Cause and Origin: Based on an Arson Case Study

June 24, 2025 - Glendale, AZ

Karl A. Schulz will present "Homeowner’s Cause and Origin: Based on an Arson Case Study" at the Property & Liability Resource Bureau's 2025 Western Regional Adjusters Conference in Glendale, Arizona.

Rigger and Trucker Liability

June 11, 2025 - Webinar

Stephanie Chesney and Valerie Sworn will present a Cozen O'Connor webinar titled "Rigger and Trucker Liability."

Past Events

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In The News

Joseph Ziemianski Selected to Insurance Business America's Insurance Defense Lawyers Panel

May 21, 2025

Joseph Ziemianski, co-chair of the firm’s Global Insurance Department, has been selected to join Insurance Business America’s Insurance Defense Lawyers Editorial Panel.

Cozen O'Connor's Insurance Team Hires Former Deputy AG

May 21, 2025

Frank Toddre, a new member in the Global Insurance Department, was quoted in the recent article “Cozen O'Connor's Insurance Team Hires Former Deputy AG” by Law360.

Tiffany Bustamante Appointed to University of Florida Levin College of Law Alumni Council Board of Directors and Co-chair of Alumni Engagement Committee

May 20, 2025

Tiffany Bustamante, a member of the Global Insurance Department and co-chair of the Bad Faith group, has been appointed to the University of Florida’s Levin College of Law Alumni Council Board of Directors, and named co-chair of the Alumni Engagement Committee.

Leading Nevada Insurance Litigator Frank Toddre Joins Cozen O’Connor’s Global Insurance Department

May 19, 2025

Toddre, who comes to the firm from Lewis Brisbois, joins Cozen O’Connor as a member and will work out of its Las Vegas office.

Tiffany Bustamante Selected to The Florida Bar’s Leadership Academy

May 15, 2025

Tiffany Bustamante, a member of the Global Insurance Department and co-chair of the Bad Faith group, has been accepted as a Fellow of The Florida Bar’s Wm. Reece Smith, Jr. Leadership Academy.

Ga. Tort Reform Promises Relief From Insurance Industry Ills

April 15, 2025

Alycen A. Moss, co-vice chair of the Global Insurance Department, was quoted in the recent article "Ga. Tort Reform Promises Relief From Insurance Industry Ills" by Law360.

Alycen Moss Named to Law360’s Insurance Authority Property Editorial Advisory Board

March 21, 2025

ATLANTA – March 21, 2025 – Alycen Moss, co-vice chair of Cozen O'Connor's Global Insurance Department, has been named one of Law360's 2025 Insurance Authority Property Editorial Advisory Board members for the fourth year in a row.

Six Cozen O’Connor Attorneys Named to 2025 Georgia Super Lawyers List

February 19, 2025

Lyn Dodson, Kenan Loomis, and Alycen Moss are listed as Super Lawyers; Luciana Aquino, Samuel M. Lyon, and Saskia H. Olczak were named Rising Stars.

GaBiz Magazine Named Alycen Moss and Kenan Loomis “Top Lawyers” of 2024

January 28, 2025

Alycen A. Moss and Kenan G. Loomis were recognized by GaBiz Magazine as "Top Lawyers" of 2024 in the Winter 2024 Issue.

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Contacts

Alissa K. Christopher

Co-Chair, Bad Faith Group

akchristopher@cozen.com

(214) 462-3036

Tiffany Bustamante

Co-Chair, Bad Faith Group

tbustamante@cozen.com

(305) 358-6031

People

Awards

Six Cozen O’Connor Attorneys Named to 2025 Georgia Super Lawyers List

February 19, 2025

Lyn Dodson, Kenan Loomis, and Alycen Moss are listed as Super Lawyers; Luciana Aquino, Samuel M. Lyon, and Saskia H. Olczak were named Rising Stars.

Five Cozen O’Connor Attorneys Named to 2023 Washington Super Lawyers List

July 31, 2023

The Seattle attorneys who have been recognized by their peers in include firm members Jodi McDougall, Terri Sutton, and William Walsh. Peter Berg and Sarah Pozzi were recognized as 2023 Washington Rising Stars.

Related Practice Areas

Related Blogs

Avoiding Insurance Bad Faith

Covering state and federal bad faith decisions and practices impacting insurers.

Cyber Law Monitor

Following current trends in cyber, privacy, and data security law.

Property Insurance Law Observer

Covering first-party decisions and developments.

Upcoming Event:

Rigger and Trucker Liability

Webinar 06/11/2025

Stephanie Chesney and Valerie Sworn will present a Cozen O'Connor webinar titled "Rigger and Trucker Liability."

Event Details

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