Breach Of Contract Claim May Proceed To Extent It Relies On Implied Good Faith Duty

Mealey's (October 13, 2020, 12:15 PM EDT) -- CHICAGO — A federal judge in Illinois on Sept. 30 denied an insured’s motion to dismiss an insurer’s breach of contract claim to the extent that it relies on an implied duty of good faith but dismissed the remaining claims in finding that the insured does not owe an excess carrier a duty to settle and that the insured has failed to plausibly alleged an express breach of contract claim (North American Elite Insurance Company v. Menard Inc., No. 19-6528, N.D. Ill., Eastern Div., 2020 U.S. Dist. LEXIS 180572)....