In This Issue:

- Indiana Bad Faith Ruling is Reminder that Resolution of Breach of Contract Claims in Favor of Insurer Does Not Necessarily Require Disposal of Tort-Based Bad Faith Claims

- Fifth Circuit Court of Appeals: Lulls of Inactivity in an Insurer’s Investigation May Constitute Bad Faith

- Western District of Oklahoma: Bad Faith Claim May Continue Even if Insurer Offers to Investigate Before Suit is Filed

- Excerpt from Indiana Bad Faith Ruling:

Pernod Ricard USA LLC operated a distillery in Lawrenceburg, Indiana from January 2002 until June 2007. During the distillation process, ethanol was released into the air, causing mold to grow on the exterior of nearby buildings. William Klepper’s property near the distillery was damaged by the emissions....