Indiana Appellate Panel Sends Bad Faith Lawsuit Back To Trial Court

Mealey's (February 14, 2020, 12:39 PM EST) -- INDIANAPOLIS — An Indiana trial court erred in holding that an insurer does not owe a duty of good faith and fair dealing to an insured who is not the policyholder because the insured has sufficiently shown that such a duty exists under the three-prong test established by the Indiana Supreme Court in Webb v. Jarvis, an Indiana Court of Appeals panel ruled Feb. 12 (Monika Schmidt v. Allstate Property and Casualty Insurance Co., No. 19A-CT-1489, Ind. App., 2020 Ind. App. LEXIS 44)....