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Bad Faith Genuine Issue of Material Fact

Hinshaw & Culbertson - The LHD/ERISA Advisor

The LHD/ERISA Advisor - October 2020: Summary Judgment in Favor of Insurer Reversed by California Appellate Court in Application...

Under the "genuine dispute" doctrine, an insurer is not liable for bad faith if its denial of a claim was reasonable. In Ghazarian v. Magellan Health, Inc., 53 Cal. App. 5th 171 (2020), a California appellate court reversed a...more

Hinshaw & Culbertson LLP

The LHD/ERISA Advisor: Ohio State Court Affirms Dismissal of Bad Faith and Punitive Damages Claim

In Shah v. Metropolitan Life Ins. Co., 2019 U.S. Dist. LEXIS 25695 (S.D. Ohio Feb. 19, 2019), the U.S. District Court for the Southern District of Ohio dismissed a plaintiff insured's bad faith and punitive damages claims...more

Cozen O'Connor

Genuine Dispute Defeats Both Bad Faith and Elder Abuse

Cozen O'Connor on

The Paslays sued State Farm for failing to pay a portion of the damage caused to their Pacific Palisades house by a heavy rainstorm and for forcing them to move back into the house while it was still under construction. The...more

Butler Weihmuller Katz Craig LLP

A Look at an Insured's Post-Loss Duty to Cooperate: Exactly How Much Cooperation is Necessary?

The Eleventh Circuit Court of Appeals reaffirmed that an insurer is entitled to summary judgment when its insured fails to abide with the policy’s cooperation clause, a condition precedent to filing suit.  See Wu v. Safeco...more

Saul Ewing Arnstein & Lehr LLP

Middle District of Pennsylvania: Possibility of Bad Faith Exists Despite Payment of Claim Where Insured Alleges Untimely Claims...

Scheirer v. Nationwide Ins. Co. of Am., No. 3:13-CV-1397, 2015 WL 1013986 (M.D. Pa. Mar. 9, 2015). Middle District of Pennsylvania denies cross-motions for summary judgment on bad faith claim, holding that material...more

Cozen O'Connor

Prompt Payment of An Appraisal Award Bars Bad Faith Per Austin U.S. District Court, Although Some Acts By An Insurer May Leave The...

Cozen O'Connor on

The United States District Court for the Western District of Texas in Austin recently held that an insurer’s timely payment of an appraisal award bars the insured’s extra-contractual tort claims. Michels v. Safeco Ins. Co. of...more

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