Insureds Properly Pleaded Bad Faith, Negligence Counterclaims, Judge Rules
Mealey's (April 19, 2016, 12:41 PM EDT) -- RALEIGH, N.C. — A federal judge in North Carolina on April 15 partially granted an insurer’s motion to dismiss counterclaims in a declaratory relief action, ruling that although insureds have failed to plead a claim for constructive fraud, dismissal of their bad faith and negligence counterclaims is not proper (IDS Property Casualty Insurance Co. v. Min Lu, et al., No. 15-561, E.D. N.C.; 2016 U.S. Dist. LEXIS 50994).
(Order available. Document #07-160425-017R.)
Min Lu and Ying Ying Yang left their home on Dec. 25, 2014, to...