Oklahoma City, OK personal injury attorney Reggie Whitten tells the story of a memorable insurance bad faith case he handled. He explains that bad faith in insurance arises exclusively when a policyholder sues their own insurance company, known as “first-party” insurance. In Oklahoma, the legal standard for proving bad faith is exceptionally high. He compares it to a high jump: while many could clear a one- or two-foot bar, the bar for bad faith is set at ten feet. Insurance companies are required to thoroughly investigate claims, evaluate them fairly, and make prompt, reasonable offers. This stringent standard does not apply in typical car accident cases where the insurer is not directly involved, which is often where insurance companies encounter fewer challenges.

He notes that explaining this burden to a jury underscores the unique responsibilities insurers have toward their own policyholders. For instance, in 2008, Mike Burridge and his team tried a case in Lawton, Oklahoma, demonstrating that an insurance company had acted egregiously toward its policyholders. The insurer withheld substantial payments, forcing the insured to fight to receive what was owed. The jury returned a $130 million verdict, including $30 million in punitive damages. The case subsequently settled, reinforcing the legal requirement for insurers to act in good faith and treat policyholders fairly.

He emphasizes that the ability to convey these duties clearly and make them understandable to a jury is critical, given that most people are unfamiliar with insurance terminology. Having spent the early part of their careers representing insurance companies, he and his team gained an in-depth understanding of industry practices—expertise not typically covered in law school—which later proved to be a decisive advantage in representing policyholders.