Judge: Insured Lacks Viable Bad Faith Counterclaim In Insurance Coverage Dispute

Mealey's (April 6, 2016, 1:29 PM EDT) -- DALLAS — A federal judge in Texas on April 5 dismissed an insured’s counterclaims for bad faith and for violation of Texas law and the Texas Insurance Code, ruling that the insured lacks a viable counterclaim for breach of the implied covenant of good faith and fair dealing (Atlantic Casualty Insurance Co. v. PrimeLending Inc., et al., No. 15-1475, N.D. Texas; 2016 U.S. Dist. LEXIS 45780).

(Opinion available. Document #07-160411-034Z.)

First Choice Construction LLC purchased two commercial general liability insurance policies from Atlantic Casualty Insurance Co....
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