Mark Clark and Christa L. McCann recently obtained a substantial confidential recovery against a large insurance carrier in a bad faith claim brought by the personal representative of the estate of a deceased woman. The carrier claimed that it lacked notice of the underlying claim or the severity of the deceased's injuries or damages prior to the time that suit was filed in the underlying action.

However, Clark and McCann were able to establish that the carrier was notified by its insured as well as the medical providers that treated the deceased prior to her death and that, despite that notice, the carrier failed to respond to requests for information or otherwise make any offer to resolve the claim. Consequently, the carrier ultimately agreed to a confidential settlement to resolve the judgment obtained in the underlying wrongful death case