Breach Of Fiduciary Duty Claim Duplicative Of Bad Faith Claim, Judge Rules

Mealey's (October 21, 2016, 12:00 PM EDT) -- LAS VEGAS — Ruling that an insured’s breach of contract claim is duplicative of its breach of the implied duty of good faith and fair dealing claim in a workers’ compensation insurance dispute, a federal judge in Nevada on Oct. 18 granted an insurer’s motion for partial dismissal (Insurance Company of the State of Pennsylvania v. Three Square, No. 14-0344, D. Nev.; 2016 U.S. Dist. LEXIS 144071).

(Order available.  Document #07-161024-046R.)

While working as an extern for nonprofit corporation Three Square, Creative Management Services (CMS) employee...
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