At Podhurst Orseck, we represent individuals, families, and businesses in litigation against insurance companies that deny, delay, or underpay valid claims. These matters frequently involve homeowners’ coverage, commercial policies, health and disability insurance, life insurance, and business interruption claims, and they often present complex issues of contract interpretation, regulatory compliance, and insurer misconduct.
Investigating Bad Faith Insurance Conduct
Bad faith insurance litigation requires a detailed examination of both the underlying claim and the insurer’s handling of that claim from the moment it was reported. Determining whether an insurer acted improperly typically involves analyzing policy language, claim file documentation, adjuster communications, internal evaluations, and the insurer’s decision-making timeline.
These disputes rarely turn on a single denial or isolated decision. Liability often depends on patterns of conduct, including unreasonable delays, inadequate investigations, inconsistent coverage positions, improper claims-handling practices, or misrepresentations of policy terms. Many insurance disputes also involve complex legal issues that extend beyond the policy itself, including questions of choice of law, insurance bad faith, underwriting practices, claims administration, and the interaction among state, federal, and international insurance principles. Some matters proceed alongside appraisal proceedings, arbitration, regulatory investigations, or parallel commercial litigation, each of which may affect the development of the evidentiary record.
Our attorneys work with insurance industry experts, forensic accountants, engineers, economists, and other technical specialists to evaluate coverage, investigate insurer conduct, and develop claims supported by detailed legal and factual analysis.
Representative Insurance Coverage and Bad Faith Matters
Podhurst Orseck has represented policyholders in complex insurance litigation involving coverage disputes, catastrophic losses, insurer misconduct, and high-value commercial claims. The firm’s experience includes litigation against domestic and international insurers in matters involving aviation, wrongful death, personal injury, commercial property, and business losses.
Many of these cases present overlapping issues of contract interpretation, choice of law, bad faith, underwriting practices, and claims handling that require sophisticated legal and factual analysis.
Carlyle Aviation Partners, LLC et al. v. AIG et al.
Our firm represented Carlyle Aviation Partners in a first-party insurance coverage dispute. This was a high-stakes case involving more than $700 million in commercial aircraft stranded in Russia following the outbreak of the war in Ukraine. Podhurst Orseck led the case from inception to conclusion, managing complex, multi-party litigation against over 30 London insurers tied to war-risk coverage. This outcome is widely regarded as a first-of-its-kind result, with Carlyle believed to be the only plaintiff to secure such a comprehensive legal victory.
Gonzalez v. Progressive American Insurance Company
Our firm represented Plaintiffs against Progressive American Insurance Company in a high-value first-party bad faith action. The case arose out of a motor vehicle accident that occurred when a negligent driver struck Pedro Gonzalez as he was tending to his broken-down food truck, causing serious and permanent injuries. At the time of the accident, Plaintiffs had an in-force personal auto insurance policy through Progressive.
In May 2018 Plaintiffs filed a Civil Remedy Notice (CRN) with the Department of Financial Services against Progressive, and later filed suit in July 2018, alleging Progressive repeatedly denied Plaintiff’s UM (uninsured/underinsured motorist coverage) claims despite having no evidence to support that denial and, further, that Progressive’s denials were done in bad faith and exhibited a callous and reckless disregard for the rights of its insureds.
As a result of Progressive’s bad faith conduct, the Plaintiffs were entitled to pursue a recovery of the full extent of the damages that arose from the catastrophic subject accident. After over five years of litigation and discovery, the trial court denied Progressive’s motion for summary judgment, and in December 2023, a final judgment was entered against Progressive for $25 million. The parties stipulated to this consent judgment while Defendant preserved the right to appeal the CRN issue. A confidential settlement was reached.
Karen Nissim, as Personal Representative of the Estate of Aaron W. Hirschhorn v. Yachtinsure Services, Inc., et al.
Our firm represents the Plaintiff in an insurance coverage dispute arising from a wrongful death claim. Neither insurer defended its insured under a reservation of rights; instead, both denied coverage outright, prompting the Plaintiff to enter into Coblentz agreements with each insured.
The Plaintiff and one insured agreed to arbitrate liability and damages before a neutral arbitrator, who awarded $66,030,000 in damages after applying a comparative fault reduction. The Plaintiff subsequently entered into a second Coblentz agreement with the other insured for the same amount.
LaMia Flight 2933 Insurance Litigation
Podhurst Orseck obtained judgments exceeding $800 million for victims of the 2016 Chapecoense soccer team aviation tragedy. Our firm is currently involved in international litigation in Florida and London against the airline’s reinsurers and insurance brokers.
Timing and Considerations in Bad Faith Insurance Litigation
Bad faith insurance claims are highly time-sensitive and often involve strict contractual deadlines, statutory notice requirements, and procedural prerequisites that vary by jurisdiction and policy type. In many cases, insurers control critical evidence, including claim files, internal communications, and adjustment records, which may be subject to retention policies or regulatory oversight.
These disputes may also proceed alongside appraisal processes, arbitration provisions, or regulatory investigations that can affect timing and strategy.
Understanding how these processes interact is important in evaluating potential claims, identifying insurer misconduct, and determining the appropriate legal course of action.
Podhurst Orseck moves quickly to evaluate coverage issues, preserve claim-related evidence, and assess the full scope of potential bad faith and contractual claims against insurers.