Insured’s Bad Faith Counterclaim Violated Anti-SLAPP Statute, Panel Told

(May 22, 2020, 10:27 AM EDT) -- SAN FRANCISCO — A federal district court erred in declining to strike a bad faith counterclaim in an excess insurance lawsuit because the counterclaim, which was based on an insurer’s rescission and payment recoupment claims, was a retaliatory claim under California’s strategic lawsuit against public participation (anti-SLAPP) statute, the insurer argues in a May 13 appellant brief filed in the Ninth Circuit U.S. Court of Appeals (RLI Insurance Co. v. Langan Engineering, Environmental, Surveying and Landscape Architecture D.P.C., et al., No. 19-17545, 9th Cir.)....