Acknowledging settlement demands in a timely fashion and documenting trial activity are just two ways to avoid bad faith litigation after a trial, said Kevin Quinley, founder and principle of Quinley Risk Associates.
During a podcast on the topic, Quinley said that settlement offers made during trial can pose bad faith risks for adjusters. "Lets look at this classic scenario. Youve taken a claim to trial. Defense attorney is into day three of the proceedings, and plaintiffs counsel had given you a new settlement demand.