Magistrate Judge: Insurer Hasn’t Shown That Judicial Estoppel Should Be Invoked

Mealey's (July 8, 2016, 1:29 PM EDT) -- FRESNO, Calif. — Summary judgment is not warranted in an insurance breach of contract and bad faith lawsuit because an insurer has failed to show that the doctrine of judicial estoppel should be invoked and has failed to show that no genuine issue of material fact exists related to claims made by insureds in suing the insurer, a federal magistrate judge in California ruled July 5 (Halonda Naff, et al. v. State Farm General Insurance Co., No. 15-0515, E.D. Calif.; 2016 U.S. Dist. LEXIS 86854)....