Constance A. Anastopoulo
Associate Professor of Law, Charleston School of Law

Questions abound, but judicial assignment of a bad faith claim may provide a remedy to the injured third party when the tortfeasor is unwilling or unable to assign his or her rights and claims against an insurer. Thus, by permitting judicial assignment of the bad faith claim, the third party can obtain a remedy to satisfy the right to enforce a judgment. Before addressing assignment, it is important to first understand the current state of bad faith claims in insurance law . . . [Continue Reading]