Insurance Defense

BAD FAITH DEFENSE

Lam Lyn Philip represents insurance companies in first party bad faith defense lawsuits. Our Insurance Law Section recognizes that both contractual and extra-contractual claims are frequently accompanied by excessive actual damage and attorney fee claims. Thus we not only aggressively defend the carrier’s conduct (liability issues) to the extent merited, but focus on scrutinizing the damages claimed so that only real damages are in play along with defending against attorney fee claims utilizing segregation of fees, the waiver defense for excessive demands and rebuttal opinion testimony. Topics appropriate for rebuttal opinions include the amount of time claimed, any unnecessary activities or services and how excessive demands may waive attorney fee claims. Our experience includes defending against the following types of claims:

  • Unfair Settlement Practices §5.41 Texas Insurance Code
  • Prompt Payment of Claims Act §5.42 Texas Insurance Code
  • Deceptive Trade Practices Acts §17.41 Texas Business & Commerce Code
  • Breach of the Duty of Good Faith & Fair Dealing (Bad Faith)
  • Excessive Attorney Fee Claims
  • Breach of the Insurance Contract

PERSONAL INJURY DEFENSE

The firm has extensive experience in personal injury and property damage defense litigation. Our approach is to invest time at the beginning of the case to evaluate the liability facts, the damages alleged and determine whether the client would benefit economically from an early attempt at settlement or if this is a case which need to be tried. Our experience includes the following types of lawsuits:

  • Auto Accidents and Slip/Trip and Falls
  • Premises Security
  • Wrongful Death
  • Construction Defects
  • Amusement Park Injury

GENERAL LITIGATION

A high dollar lawsuit can be started at any time by anyone against any business or person for less than a $350 filing fee. So it’s not surprising that sooner or later a lawsuit gets filed against you or your business. Our firm is experienced in defending persons and businesses sued in civil lawsuits whether you have insurance coverage or not. Our experience in this area is broad and includes:

  • Contract Disputes
  • Suits for Services Rendered but Poorly Performed
  • Partnership Disputes
  • Non-Compete Lawsuits

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