Insurance Bad Faith Claims Involving a Decedent’s Estate: Pistalo v. Progressive

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This week's article focuses upon the recent Indiana Court of Appeals decision Pistalo v. Progressive in which the court held that a bad faith claim against an insurance company could progress even though the policy holder had deceased and the only asset of her estate was the insurance policy. The case also takes a brief look at the 9th Circuit decision in Du v. Allstate and the competing concepts of the "judgment rule" and the "payment rule."

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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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