Insured Supported Bad Faith, Breach Of Contract Claims Arising Out Of Storm Damage

(April 5, 2018, 5:38 PM EDT) -- LAS CRUCES, N.M. — A New Mexico federal judge on March 31 refused to dismiss an insured’s claims for breach of contract and bad faith arising out of an insurer’s handling of its claim for hail and wind damage because the insurer failed to show how it was prejudiced by the insured’s refusal to submit to an examination under oath and the insured plausibly alleged that the insurer handled the claim in bad faith (Naresh Raja d/b/a America’s Best Value Inn v. Ohio Security Insurance Co. et al., No. 17-0834, D. N.M., 2018 U.S. Dist. LEXIS 55272)....