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District Court of Appeal of Florida Reverses Summary Judgment for Insurer on Bad Faith Claim Where Issue Remained as to Whether...

Bryant v. GeoVera Specialty Insurance Company, No. 4D18-189 (Fla. Dist. Ct. App. May 8, 2019) - Hershel and Betty Bryant’s residence sustained damage caused by a pipe leak. The Bryants subsequently reported the loss to...more

District of Colorado Denies Insurer's Motion for Summary Judgment on Statutory and Common Law Bad Faith Claims Where Insured...

Booker v. State Farm Mutual Automobile Insurance Company, No. 17-cv-03133-MEH (D. Colo. May 6, 2019) - Stephanie Booker sustained injuries as a result of an automobile accident caused by another driver. ...more

Eastern District of Pennsylvania Dismisses Statutory and Common Law Bad Faith Claims Against Insurer Where Insured Failed to...

Richard McDonough suffered serious injuries to his neck and spine as a result of an automobile accident. The insurer of the driver who caused the accident settled with McDonough for the driver’s full policy amount of...more

Northern District of Illinois Dismisses Statutory Bad Faith Claim Against Insurer Where Bona Fide Coverage Dispute Existed and...

Propitious, LLC owns a two-story building and leased the first floor of the property to Connacht, LLC, which used the space to operate a restaurant and sports bar. Propitious insured the property under a policy issued by...more

District of Idaho Grants Summary Judgment for Insurer on Bad Faith Claim Where Insured's Claim for Policy Benefits Was "Fairly...

Becca Franco was involved in a car accident in 2015. Franco submitted a claim to her insurer, State Farm, for underinsured motor vehicle and medical payment benefits. Sixteen months later, Franco filed suit against State...more

Eastern District of Pennsylvania Dismisses Statutory Bad Faith Claim Against Insurer’s Claims Adjuster and Denies Motion to Remand

Steven Reto was injured in a car accident in 2014. After the underlying liability claim settled with the driver who caused the accident, the Retos filed a claim for underinsured motorist benefits with their insurer, Liberty...more

Western District of Pennsylvania Denies Cross-Motions for Summary Judgment Where Disputed Facts Exist on Claims of a "Low-Ball"...

After Melissa Parisi sustained injuries in a vehicle collision and learned that the other motorist involved in the crash carried only $15,000 in auto insurance, she submitted an underinsured motorist (UIM) claim to State...more

Northern District of Illinois Denies Summary Judgment for Insurer on Bad Faith Claim Where Disputed Facts Exist as to Insurer’s...

Following a fatal vehicle accident in 2008, a group of plaintiffs brought suit against Venture One, Inc., the owner of a truck involved in the accident. After several unsuccessful attempts to settle the matter with Venture...more

Western District of Oklahoma Denies Summary Judgement for Insurer on Bad Faith Claim Where Disputed Facts Exist as to Insured's...

Plaintiff Charles A. Shadid, L.L.C. had a commercial insurance policy with Defendant Aspen Specialty Insurance Company insuring multiple commercial properties. Shadid alleges that in May of 2013, a tornado damaged several of...more

Middle District of Florida Denies Motion to Dismiss Statutory Bad Faith Claim Pending Resolution of Coverage Issues

In October 2012, James Lee fell and injured his back when the Real Space Pro 9000 Quantum Chair he was sitting on broke. Mr. Lee filed suit against Raynor Marketing, LTD. and Office Depot. Raynor sold the chair to Office...more

Western District of Washington Looks to When Claim for Coverage Was First Denied in Dismissing Bad Faith Claim As Untimely

Plaintiff Mary Coppinger was injured in 2010 when her vehicle was rear-ended by Daniel Klein. Both Ms. Coppinger and Mr. Klein were insured through Defendant Allstate. Mr. Klein had a $50,000 policy limit; Ms. Coppinger had...more

Eastern District of Michigan Grants Summary Judgment for Insurer on Bad Faith Claim But Finds Allegations of Bad Faith Relevant to...

455 Companies, LLC alleges that Landmark American Insurance Company breached their property insurance contract by denying a claim resulting from water damage to 455 Companies’ property. Landmark moved for partial summary...more

District of Colorado Grants Summary Judgment for Insurer on Common Law (But Not Statutory) Bad Faith Claim Where No Evidence...

MacKinney was involved in a motor vehicle accident and sought underinsured motorist coverage from Allstate. Allstate insured MacKinney’s vehicle under three policies. The total UIM coverage under the policies was $150,000,...more

Eastern District of Pennsylvania Dismisses Bad Faith Claims in Two Recent Decisions Where Plaintiffs Made Only Conclusory...

Mittman v. Nationwide Affinity Insurance Co., No. 16-04658 (E.D. Pa. Apr. 10, 2017) - Jeremy Mittman’s car was rear-ended in a hit-and-run incident and both Mittman and his son sustained significant injuries. Mittman...more

Sixth Circuit Affirms Summary Judgment for Insurer on Bad Faith Claims Where Insurer Offered to Settle Claims for Policy Limit in...

United States Court of Appeals for the Sixth Circuit rules that insurer’s offer to settle claims for policy limit in exchange for release and indemnification of insured strikes proper balance between competing duties of good...more

Third Circuit Affirms Dismissal of Former Employee’s Bad Faith Claims Against Company’s Insurer

United States Court of Appeals for the Third Circuit affirms District Court’s ruling that company’s liability insurer does not owe a duty to settle to former employee in action against company. Steven LeBoon was...more

Court of Appeals of New Mexico Reverses Bad Faith Judgment for Insured and Remands for New Trial on Bad Faith Claim

Progressive Casualty Ins. Co. v. Vigil, No. 32,171 (N.M. Ct. App. Jan. 21, 2015). Court of Appeals of New Mexico rules that district court abused its discretion in excluding evidence of previous coverage ruling in...more

Bad Faith Sentinel - February 2015

In This Issue: - Western District of Washington: Insured That Violated Duties of Notice and Cooperation Could Not Make Out Claim for Bad Faith Based on Insurer’s Lengthy Investigation - Western District of...more

Supreme Court of Missouri Reverses Grant of Summary Judgment for Primary Insurer on Insured’s and Excess Insurer’s Bad Faith...

Scottsdale Ins. Co. v. Addison Ins. Co., No. SC 93792 (Mo. Dec. 9, 2014). Supreme Court of Missouri rules in an en banc decision that neither an excess judgment nor a failure to pay policy limits are essential elements...more

Bad Faith Sentinel - December 2014

In This Issue: - Court of Appeals of Michigan: Trial Court’s Incorrect Instruction on the Definition of Bad Faith Did Not Require Reversal - District of Colorado: Insureds Have No Obligation To Hire Public...more

Eastern District of Pennsylvania: Bad Faith Claim Rejected Where Insurer Requested Examination of Claimant, Made Settlement Offer...

Stanford v. National Grange Ins. Co., Civil Action No. 11-7144 (E.D. Pa. Nov. 3, 2014). Eastern District of Pennsylvania grants insurer’s motion for summary judgment on bad faith claim in dispute over payment of...more

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