Bad Faith Sentinel - March 2013

In This Issue:

- Southern District Of Ohio: Insurer Does Not Commit Bad Faith By Voiding Policy Due To Insured’s Failure To Promptly And Fully Cooperate With Insurer’s Fire Investigation

- Pennsylvania Court Makes Clear That Pre-Contract Conduct Cannot Form The Basis Of A Bad Faith Claim

- Eighth Circuit: Insurer Awarded Summary Judgment on Claims of Bad Faith Refusal to Settle Where Sole Member of A Company Was Also An Employee for Purposes of Applying Exclusion

- New York Appellate Court: Punitive Damages Against Insured Are Not Recoverable From Insurer page

- Excerpt from Southern District Of Ohio Insurer Does Not Commit Bad Faith By Voiding Policy Due To Insured’s Failure To Promptly And Fully Cooperate With Insurer’s Fire Investigation:

On August 18, 2010, a fire destroyed the residence of plaintiff Namon Joseph (“Joseph”). Defendant State Farm Fire and Casualty Company (“State Farm”) provided Joseph with homeowner’s insurance at the time of the fire. State Farm’s investigation quickly revealed evidence that the fire was started by an accelerant, and therefore likely was an act of arson.

Please see full publication below for more information.

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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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