Since bad faith cases are predominantly tried on the claims file, defense counsel should obtain the original of that file as soon as possible and review it thoroughly . The state of the claims file can make or break the defense of a bad faith case. In cases where there's a debate over what exact policy was issued, or where misrepresentation is an issue, the defense lawyer should request a complete copy of the underwriting file. They will be principal witnesses. It's standard practice for insureds' counsel to request a copy of the insurer's claims handling manual.
Many carriers update their manuals regularly.
The defense lawyer should start tracking down the relevant manuals promptly, to anticipate the plaintiff's request for its production. Since the manual sets forth the written company policy and accepted procedures, it can provide critical evidence.