Jury Could Find Auto Insurer Engaged In Bad Faith In Handling Claim, Judge Says

Mealey's (October 29, 2020, 1:09 PM EDT) -- SAN DIEGO — A California federal judge on Oct. 27 granted an auto insurer’s motion for summary judgment on a breach of contract claim because the insurer paid an arbitration award to the insured, but the judge denied the insurer’s motion on the claims for bad faith and intentional infliction of emotional distress because a jury could find that the insurer engaged in bad faith in handling the insured’s claim for underinsured motorist benefits and the insured’s demand for arbitration (Paul Harner v. USAA General Indemnity Co., No. 18-1993, S.D. Calif., 2020 U.S. Dist. LEXIS 199896)....