Bad Faith Claim Based On Alleged Failure To Notify Insured Survives Dismissal

Mealey's (January 24, 2018, 1:05 PM EST) -- JACKSON, Miss. — A Mississippi federal judge on Jan. 22 dismissed a number of an insured’s claims alleged against its insurer in a mold coverage dispute on the basis that the policy’s organic pathogen exclusion precludes coverage but refused to dismiss the insured’s claim for breach of the duty of good faith and fair dealing after determining that the insured stated a plausible bad faith claim regarding the insurer’s alleged failure to notify the insured of the claim denial (Heritage Properties Inc. v. Ironshore Specialty Insurance Co., et. al., No. 17-637, S.D. Miss., 2018 U.S. Dist. LEXIS 9598)....