The Blackletter › Chapter 14 · Penalties, Sanctions & Increased Compensation

§ 14.9  Defendant’s Remedies for Frivolous or Bad-Faith Claims

“While that goal is noble, that is not within the province of adequacy review.”

(Gaines, supra, at p. 22 [protecting insured defendants from overpaying claims].)

“If a defendant believes that a claim is filed frivolously or in bad faith, they may file an appropriate petition and seek to recover the costs of litigation. (Cal. Code Regs, tit. 8, § 10421.) If a defendant believes in good faith that a claim may involve fraud, defendant may take appropriate measures to report suspected fraud. (Cal. Ins. Code, § 1877.3(b).)”

(Gaines, supra, at p. 22.) · same rule printed at § 24.6

Cross-references: § 19.4 (what adequacy review is for); § 24.6 (fraud reporting; criminal proceedings); § 14.1 (sanctions). Remainder of chapter: reserved.

← § 14.1 · § 15.1 →