Amanda Leigh Verhaeg v. McElligott: What the 2026 Appellate Decision Means for Insurance Bad Faith Doctrine
The Decision and Its Procedural Setting
The Appellate Court of Illinois issued its decision in Amanda Leigh Verhaeg v. McElligott, docketed as 2026 IL App (5th) 250731 (reference 5-25-0731), on 2026-09-25. The case falls within the 5th District of the Appellate Court of Illinois and addresses the intersection of auto insurance obligations and the broader doctrine of bad faith refusal to defend. According to the editorial research archive maintained by the Bad Faith Law Center desk, the decision arrives within a 2026 landscape of insurance bad faith research that includes recent case developments, statutory analysis, and procedural updates shaping how courts evaluate insurer conduct.
The ruling contributes to the body of public court records that policyholders and their counsel rely on when determining whether an insurer's actions crossed the line from aggressive claims handling into unlawful bad faith. The case name and docket number are now part of the permanent appellate record, and the decision informs the analysis of what constitutes a legitimate coverage determination versus an arbitrary refusal to honor a policy's core promises.
The Insurer's Duty Beyond Contract
An auto insurance policy creates obligations that extend beyond ordinary commercial dealings. The insurer collects premiums in exchange for a promise to defend and indemnify the insured against claims arising from a covered accident. That promise includes a duty to investigate claims reasonably, to defend lawsuits without reservation, and to settle claims when a prudent insurer would do so. When an insurer refuses to defend, it must have a legitimate basis, such as a clear policy exclusion or a lack of coverage for the vehicle involved.
If the refusal is arbitrary, unreasonable, or based on an inadequate investigation, the insurer has breached its duty. This breach constitutes bad faith and is a separate legal violation from the underlying negligence of the at-fault driver. The analysis of this distinction is central to Amanda Leigh Verhaeg v. McElligott: the bad faith claim does not depend on proving the insured was injured, but rather on proving the insurer failed in its independent legal obligation to act in good faith toward the policy relationship.
Categories of Bad Faith Conduct
The editorial research materials identify three primary categories of bad faith tactics: denial, delay, and underpayment. Outright denial is the most visible, involving rejection of a claim based on a misreading of the policy or an exclusion that does not actually apply. Delay operates more quietly, stretching a "supervisor review" from weeks into months while treatment is postponed and evidence grows stale. Underpayment hides in the details: an insurer might pay for an emergency room visit but refuse follow-up specialist care, or issue a settlement far below policy limits while implying no more is available.
In the refusal-to-defend context relevant to the 2026 decision, the analogous conduct is an insurer that points to a facially valid exclusion without conducting the investigation the duty of good faith and fair dealing requires. Each category leaves a distinct paper trail that injured parties can preserve. The analysis in Amanda Leigh Verhaeg v. McElligott is measured against these established categories, asking whether the insurer's conduct fell below the standard of a neutral decision-maker evaluating a claim honestly and thoroughly.
Procedural Pathways for Bad Faith Claims
Before filing a lawsuit, plaintiffs must exhaust all available administrative remedies within their insurance policy and relevant state statutes. These steps include submitting detailed documentation of the claim to the insurer, engaging in mediation or arbitration if provided for by contract, and seeking written explanations regarding the insurer's denials. Potential plaintiffs should gather extensive evidence during this stage, including correspondence with the insurance company, records of denied claims, and statements from witnesses attesting to instances of bad faith behavior.
Once pre-filing steps are completed, plaintiffs initiate formal litigation by filing a complaint in the appropriate court. The complaint must clearly state the grounds for bad faith, including factual allegations detailing how the insurer's conduct violated its duty of good faith under both statutory law and contract provisions. The defendant insurance company responds with an answer or motion to dismiss, which may assert affirmative defenses such as failure to comply with policy conditions or statute of limitations issues. Both parties then engage in discovery, exchanging written interrogatories and document requests to uncover relevant evidence for trial.
Refusal to Defend vs. Denial of Benefits
Compared to a disability insurance bad faith denial of benefits, the refusal to defend presents a parallel but distinct harm. In a disability context, the insurer unreasonably withholds benefits despite clear medical evidence, often prioritizing profit over the policyholder's needs. In the refusal-to-defend context, the insurer's failure leaves an injured third party without a source of compensation, even when a valid claim exists. Both scenarios involve a breach of the duty of good faith and fair dealing, but the refusal to defend additionally allows injured parties to step into the shoes of the insured to pursue a bad faith claim directly against the insurance company.
A successful bad faith claim in either context can recover denied benefits, full policy limits, consequential damages, emotional distress damages, and in some cases punitive damages. When legal representation is involved, the attorney receives a percentage of the recovery, usually between 25% and 40%, only if the case is successful. This structure means the financial stakes for the policyholder are direct: the recovery must exceed the cost of litigation to be meaningful.
Checklist
- Preserve all correspondence with the insurer, including demand letters, claim notes, and denial letters, as these documents often prove bad faith conduct.
- Record claim numbers, adjuster names, dates, and written denials, because this documentation often becomes the backbone of a bad faith case.
- Verify that all administrative remedies required by the policy and applicable state statutes have been exhausted before filing a complaint in the Appellate Court of Illinois or the appropriate trial court.
- Confirm that the insurer's refusal to defend was not grounded in a clear policy exclusion or a legitimate lack of coverage for the vehicle involved.
- Observe all statutes of limitation and contractual notice deadlines, as these are unforgiving and can extinguish the right to recover entirely.
Significance for Policyholders and Injured Third Parties
The 2026 decision in Amanda Leigh Verhaeg v. McElligott reinforces a principle building in the appellate courts for years: an insurer's duty to defend and its duty of good faith and fair dealing are not negotiable after the premium has been paid. The Appellate Court of Illinois, 5th District, contributes to a growing body of authority that treats bad faith refusal to defend as a distinct cause of action, separate from the underlying negligence claim and independent of whether the at-fault driver has personal assets.
The law does not require an insurer to pay every claim. It does require an honest, timely, and thorough evaluation of the claim as a neutral decision-maker rather than as an adversary protecting its bottom line. When that standard is not met, the remedy is not merely a return to the contractual baseline. It is a full accounting of the harm caused by the insurer's failure, measured against the obligations the policy created at the moment the premium was collected and the promise was made.
Sources and Grounding Material
- Amanda Leigh Verhaeg v. McElligott
- Appellate Court of Illinois
- 2026-09-25
- ['2026 IL App (5th) 250731']
- 5-25-0731
- Auto Insurance Bad Faith Refusal to Defend Claims | Orchestra Legal — Federal Criminal Defense Key Takeaways An insurer’s refusal to defend a negligent driver can leave an injured person without a source of compensation, even when a valid claim exists. Bad faith refusal to defend is a separate legal violation from the underlying negligence, and it may open the door to recovering the full policy limits or more. Injured parties have the right to step into the shoes of the insured to pursue a bad faith claim directly against the insurance company. Preserving correspondence, demand letters, and claim notes is critical, as these documents often prove bad faith conduct. When a car crash leaves a person with mounting medical bills, lost wages, and lasting pain, the last thing anyone wants to hear is that the at-fault driver’s insurance company refuses to defend its own policyholder. For an injured person, this news can feel like a dead end. The driver who caused the harm may have no personal assets, and the insurance company—the entity with the money—is suddenly pointing fingers elsewhere. This situation is not merely frustrating; it is often illegal. Insurance companies owe a duty not only to their policyholders but also, in many states, to injured third parties when a claim is made. When an insurer wrongfully refuses to defend a lawsuit or settle a claim within policy limits, the law recognizes a distinct cause of action known as bad faith refusal to defend. Understanding this legal remedy can be the key to unlocking compensation that might otherwise be lost. For an injured person, the stakes are enormous. A bad faith claim can shift the financial burden from the negligent driver to the insurance company, including amounts beyond the original policy limits. This article explains how this area of law works, what evidence matters, and how a family can protect its right to full recovery. The Insurer’s Duty: More Than a Contract, It Is a Legal Obligation An auto insurance policy is a contract, but it is not an ordinary one. The insurer collects premiums in exchange for a promise to defend and indemnify the insured against claims arising from a covered accident. This promise includes a duty to investigate claims reasonably, to defend lawsuits without reservation, and to settle claims when a prudent insurer would do so. When an insurer refuses to defend, it must have a legitimate basis, such as a clear policy exclusion or a lack of coverage for the vehicle involved. If the refusal is arbitrary, unreasonable, or based on an inadequate investigation, the insurer has breached its duty. This breach is what lawyers call bad faith, and it is a violation of the
- Disability Insurance Bad Faith Denial of Benefits Claims | Orchestra Legal — Federal Criminal Defense Key Takeaways Disability insurance policies are contracts, and insurers owe policyholders a duty of good faith and fair dealing when evaluating claims. Bad faith denial occurs when an insurer unreasonably withholds benefits despite clear medical evidence, often prioritizing profit over the policyholder's needs. Successful bad faith claims can recover the denied benefits plus consequential damages, emotional distress damages, and in some cases, punitive damages. Strict deadlines called statutes of limitation apply to bad faith lawsuits, so prompt legal review of a denial letter or delayed claim is critical. For an injured person, a disability insurance policy is not just a piece of paper—it is a lifeline. When a workplace injury, chronic illness, or catastrophic accident prevents a person from earning a living, that monthly benefit check replaces a paycheck. It pays the mortgage, buys groceries, and covers the medical bills that pile up while the body heals. When the insurer suddenly denies those benefits, or delays them for months without explanation, the financial fallout can be devastating. Families lose homes, retirement savings vanish, and the injured person faces the impossible task of recovering without the resources promised at the moment of greatest need. This situation is not merely a contractual dispute. When an insurance company ignores clear medical evidence, invents policy interpretations out of thin air, or refuses to investigate a claim properly, the law recognizes a distinct wrong. This wrong is called bad faith. A bad faith denial of disability benefits is a violation of the insurer's duty to act honestly and fairly. Understanding what constitutes bad faith, how to prove it, and what damages are available can help an injured person fight back against an unfair denial. Recognizing the Difference Between a Legitimate Denial and Bad Faith Conduct Not every denial of a disability claim is an act of bad faith. Sometimes a policy genuinely does not cover a specific condition, or the claimant fails to provide necessary medical records. The law allows insurers to enforce the actual terms of their contracts. However, a legitimate denial must be based on a reasonable interpretation of the policy and a fair evaluation of the evidence. When that baseline is crossed, the insurer has breached its duty of good faith and fair dealing—a duty implied in every insurance contract under state law. Bad faith can take many forms. A common pattern involves the insurer ignoring the treating physician's opinions in favor of a hired consultant who has never examined the patient. Another red flag is the insurer applying an unreasonably strict definition of "disability" that contradicts the policy's plain language. Delays are also telling. If an Instead, the attorney receives a percentage of the recovery, usually between 25% and 40%, only if the case is successful.
- Insurance Bad Faith Research — Editorial Research Archive Insurance Bad Faith Research — Editorial Research Archive New — just published Last reviewed: 2026-08-27 by Axis Civil Editorial Desk Editorial research archive covering insurance bad faith research. In This Guide Recent Case Developments in Insurance Bad Faith Research — Recent opinions, trial court developments, and procedural updates related to insurance bad faith research. Statutes and Rules Affecting Insurance Bad Faith Research — Plain-English summaries of the statutes, rules, and standards that shape insurance bad faith research analysis. Insurance Bad Faith Research Process and Timeline — Step-by-step overview of how a insurance bad faith research matter typically progresses through investigation, filing, and resolution. Data and Verdict Roundup for Insurance Bad Faith Research — Selected verdicts, docket trends, and data points that help contextualize insurance bad faith research research. Understanding Insurance Bad Faith Research This archive collects public legal research, case summaries, and statutory analysis on insurance bad faith research. Why This Matters This topic matters because the governing statutes, record, and procedure often determine the outcome before any headline does. Key Topics Covered Recent Case Developments in Insurance Bad Faith Research — Recent opinions, trial court developments, and procedural updates related to insurance bad faith research. Statutes and Rules Affecting Insurance Bad Faith Research — Plain-English summaries of the statutes, rules, and standards that shape insurance bad faith research analysis. Insurance Bad Faith Research Process and Timeline — Step-by-step overview of how a insurance bad faith research matter typically progresses through investigation, filing, and resolution. Data and Verdict Roundup for Insurance Bad Faith Research — Selected verdicts, docket trends, and data points that help contextualize insurance bad faith research research. Read the editorial desk notes → All Insurance Bad Faith Research Resources Recent Case Developments in Insurance Bad Faith Research — Recent opinions, trial court developments, and procedural updates related to insurance bad faith research. Statutes and Rules Affecting Insurance Bad Faith Research — Plain-English summaries of the statutes, rules, and standards that shape insurance bad faith research analysis. Insurance Bad Faith Research Process and Timeline — Step-by-step overview of how a insurance bad faith research matter typically progresses through investigation, filing, and resolution. Data and Verdict Roundup for Insurance Bad Faith Research — Selected verdicts, docket trends, and data points that help contextualize insurance bad faith research research. GOOOOGLE — Bury Negative Search Results GOOOOGLE publishes positive, controlled content across a network of authoritative domains — pushing negative search results off page one. 12,400+ clients served. 184,000 articles published. 47,300 negative results buried. Clean Slate → "michael chen scandal" About 1,240,000 results (0.42 seconds) GOOGLE 1 2 3 4 5 6 Related: Recent Federal Wire Fraud Decisions | Federal Criminal Case
- Insurance Bad Faith Explained: Denial, Delay, and Underpayment Tactics | Bad Faith Law Center Key Takeaways An insurer that handles a valid claim owes its own policyholder a duty of good faith and fair dealing, and violating that duty can give rise to a bad faith claim. Denial, delay, and underpayment are the three most common bad faith tactics, and each leaves a paper trail that injured people can preserve. Statutes of limitation and contractual notice deadlines are unforgiving, so acting quickly protects the right to recover. Documentation — claim numbers, adjuster names, dates, and written denials — often becomes the backbone of a bad faith case. An injury already turns a family's life upside down. Medical bills arrive before answers do, wages stop, and the future feels uncertain. When an insurance company then denies a legitimate claim, stalls for months, or offers far less than the policy promises, the harm compounds. The law recognizes that insurers owe their own policyholders a duty of good faith and fair dealing — and when that duty is broken, the policyholder may have a claim for insurance bad faith. What Denial, Delay, and Underpayment Look Like in Real Claims Bad faith is not simply a disagreement about money. It is conduct that falls below the standards the law imposes on insurers handling their own policyholders' claims. Courts look at whether the insurer investigated reasonably, communicated honestly, and evaluated the claim as a neutral decision-maker rather than as an adversary protecting its bottom line. Outright denial is the most visible tactic. A claim may be rejected based on a misreading of the policy, an overlooked medical record, or a pre-existing condition that had nothing to do with the injury. Sometimes the denial letter cites an exclusion that does not actually apply. Other times, no explanation is given at all. Delay is quieter but often just as damaging. An adjuster requests the same documents twice. A "supervisor review" stretches from weeks into months. Meanwhile, treatment is postponed, rent is due, and evidence grows stale. Insurers know that a financially strained claimant may accept a low offer simply to stop the bleeding. Underpayment is the third tactic, and it hides in the details. An insurer might pay for an emergency room visit but refuse follow-up specialist care. It might value a claim using an internal formula that ignores the treating physician's opinion. Or it might issue a "take it or leave it" settlement far below the policy limits while implying that no more is available. Good faith does not require an insurer to pay every claim. It does require an honest, timely, and thorough evaluation — and the law treats a failure of that duty as
- How an Insurance Bad Faith Claim Proceeds | Procedural Guide How an Insurance Bad Faith Claim Proceeds By the editorial research desk · Published August 17, 2026 Opening An insurance bad faith claim is a legal action taken against an insurer when it fails to act in good faith toward its insured. This article outlines the procedural stages involved in such claims under general civil procedure principles. Pre-filing Steps Before filing a lawsuit, plaintiffs must ensure they have exhausted all available administrative remedies within their insurance policy and relevant state statutes. These steps often include submitting detailed documentation of the claim to the insurer, engaging in mediation or arbitration if provided for by contract, and seeking written explanations regarding the insurer's denials. During this stage, potential plaintiffs should gather extensive evidence supporting their case. This includes correspondence with the insurance company, records of any denied claims, and statements from witnesses who can attest to instances of bad faith behavior. Legal counsel may be consulted during these preparatory stages to assess the strength of the claim and advise on necessary documentation. Filing and Pleadings Once pre-filing steps are completed, plaintiffs initiate formal litigation by filing a complaint in an appropriate court. The complaint must clearly state the grounds for bad faith, including factual allegations that detail how the insurer's conduct violated its duty of good faith under both statutory law and contract provisions. The defendant insurance company responds to the complaint with an answer or motion to dismiss. This pleading may assert affirmative defenses such as failure to comply with policy conditions or statute of limitations issues. Both parties then engage in initial discovery phases, exchanging written interrogatories and document requests designed to uncover relevant evidence for trial. Discovery The discovery phase is critical in insurance bad faith litigation, allowing both sides to obtain detailed information from each other through depositions, interrogatories, and document production. Plaintiffs can compel the insurer to provide internal communications, claim files, emails, and any other materials pertinent to evaluating the case. During this period, plaintiffs may also issue subpoenas for third-party records that pertain to the insurance company’s handling of similar claims or its financial condition at relevant times. Discovery serves not only to gather facts but also to assess potential legal theories such as breach of contract, negligence, or statutory violations. Expert Evidence In complex insurance bad faith cases, expert testimony plays a crucial role in establishing the insurer's liability and quantifying damages suffered by the plaintiff. Plaintiffs often retain experts in fields like insurance law, actuarial science, or financial analysis to provide opinions on breach of fiduciary duty or fair market value assessments. Experts must submit their reports detailing conclusions reached after reviewing all