Q: Is it still a lost cause if bad faith is against all insureds employes under your employer's policy?
I work for a corporate chain of retail market outfitters with stores in multiple states, and their Workman's comp Insurer acts in bad faith as a normal practice against the majority of injured employees. Does this constitute an intentional tort, or a direct third-party lawsuit against the employer's Workman's Compensation Insurance carrier which is prohibited by SDCL section 58-33-69?
A: A South Dakota attorney could advise best, but your question remains open for two weeks. I believe it would be very difficult. If you're talking about things like denying claims or playing hardball, that's the nature of the insurance industry. That's my individual opinion - you could reach out to other attorneys to ask how they see things. Good luck
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