Questions Of Fact Exist As To Whether Insurer’s Actions Prejudiced Its Insured

(February 11, 2019, 11:34 AM EST) -- NEW ORLEANS — An insurer is not entitled to summary judgment on an insured’s claim alleging breach of the duty of good faith and fair dealing against its insurer because questions of fact exist regarding whether the insurer’s actions in negotiating a settlement without obtaining a release on behalf of the insured and in withdrawing the insured’s defense counsel caused the insured to be prejudiced, a Louisiana federal judge said Feb. 5 (Somerset Pacific LLC v. Tudor Insurance Co., No. 17-7099, E.D. La., 2019 U.S. Dist. LEXIS 18223)....