Bad Faith Sentinel - March 2014


- United States Court of Appeals for the Fourth Circuit: An Absence of Ascertainable Damages Does Not Preclude an Award of Punitive Damages for Bad Faith pages 1 - 2

- Northern District of Alabama: Insurer Properly Investigated Claim of Damage to Mobile Home By Having Multiple Adjusters Inspect Damage and a Licensed Professional Engineer Determine Cause pages 2 - 3

- Eastern District of Pennsylvania: Insureds’ Failure To Provide Certain Information Requested By Insurer Was Not So Clearly Prejudicial As To Allow Summary Judgment For Insurer pages 3 - 4

- New Jersey Superior Court: Privilege Attaches in Communication between Law Firm and Independent Claims Adjuster in Action Against Defendant Insurer pages 5 - 6.

Excerpt from "United States Court of Appeals for the Fourth Circuit:" The Fourth Circuit permitted recovery of punitive damages for bad faith despite insured’s inability to prove actual or consequential damages, where the insurer’s settlement of underlying claims was found to be willful, wanton, or reckless. MI Windows & Doors, Inc., a subsidiary of J.T. Walker Industries, Inc. (collectively, “MI”) manufactures windows and doors. MI, alongside other contractors and developers, was named as a defendant in five property damage lawsuits alleging that defective manufacturing and installation of MI windows and doors led to progressive water damage in five condominium developments.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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