FRANKFORT, Ky. — A majority of the Kentucky Court of Appeals on Sept. 17 reversed and remanded a lower court’s ruling against an insurer in a third-party bad faith lawsuit, finding that the lower court improperly allowed mineral property owners to pursue their bad faith claims against the insurer because coverage had not been established when they filed their third-party bad faith lawsuit.
ST. LOUIS — The Eighth Circuit U.S. Court of Appeals on Sept. 10 affirmed a lower federal court’s dismissal of insureds’ breach of contract and bad faith lawsuit against their automobile insurer violated Arkansas’ Deceptive Trade Practices Act, finding that, contrary to the insureds’ argument, the insurer’s settlement practice complied with Arkansas Insurance Rule 43.
WAUKESHA, Wis. — A trial court erred in dismissing an insured’s bad faith claims against an auto insurer because a question exists as to whether the auto insurer’s decision to intervene in the insured’s personal injury lawsuit was made in bad faith, the Second District Wisconsin Court of Appeals said Sept. 1 in reversing and remanding the trial court’s ruling.
TAMPA, Fla. — In separate orders, a Florida federal judge on Sept. 7 denied dueling motions to exclude experts retained in a bad faith suit against an insurer sued by the parents of a man seriously injured in a car accident, ruling that both experts may testify but that neither may assert legal conclusions.
DENVER — Following a ruling that an insured’s expert witness is not reliable, a Colorado federal judge on Sept. 7 granted an auto insurer’s motion for summary judgment on breach of contract and bad faith claims, determining that without the expert testimony, the insured cannot prove that the injuries he sustained were caused by the auto accident for which he seeks coverage.
OKLAHOMA CITY — An Oklahoma federal judge on Sept. 7 granted a homeowners insurer’s motion for summary judgment on an insured’s bad faith claim after determining that the insured failed to prove that the insurer acted in bad faith in handling the insured’s claim for damages to his home caused by a windstorm.
LAKE CHARLES, La. — A Louisiana federal judge on Sept. 1 denied an insurer’s motion seeking to preclude the insured from presenting testimony, evidence and argument regarding the insurer’s alleged bad faith conduct in handling the insured’s claim for tornado damages because questions of fact exist as to whether the insurer’s conduct was reasonable.
GRAND RAPIDS, Mich. — A federal judge in Michigan on July 26 denied an insurer’s post-trial motions for a new trial, for judgment as a matter of law and for an amendment to the trial judgment in a coverage dispute brought by a medical device manufacturer, ruling that the jury’s verdict was supported by sufficient evidence and that nothing demonstrates that the evidence was unfair.
DENVER — A Colorado federal judge on Sept. 2 denied an insurer’s motion for summary judgment in a breach of contract and bad faith suit arising out a coverage dispute for fire damages after determining that questions of fact exist as to whether the insured violated the policy’s cooperation clause and what benefits, if any, were owed under the policy at issue.
SAN DIEGO — A California federal judge on Aug. 23 overruled a contractor’s objection to a magistrate judge’s finding that the contractor cannot depose an insurance company’s bad faith expert because the contractor’s bad faith claim in a long-running coverage dispute for construction defects suits has been deemed waived by the trial court and the Ninth Circuit U.S. Court of Appeals.
ST. LOUIS — The Eighth Circuit U.S. Court of Appeals on Aug. 30 affirmed a district court’s ruling that a homeowners’ insurer acted in bad faith in handling a homeowner’s claim for damages caused by a hailstorm because the insurer did not prove that it had a reasonable basis to deny coverage for the damages and repairs.
CAMDEN, N.J. — A New Jersey federal judge on Sept. 1 dismissed an insured’s bad faith claim arising out of a coverage dispute for water damage after determining that the bad faith claim is duplicative of the insured’s breach of contract claim, which alleges that the insurer breached its implied duty of good faith and fair dealing.
MUSKOGEE, Okla. — An Oklahoma federal judge on Aug. 30 denied a homeowners insurer’s motion for summary judgment on a bad faith claim after determining that the insureds offered sufficient evidence in support of the claim for bad faith.
JACKSON, Miss. — A Mississippi federal judge on Aug. 26 denied a commercial property insurer’s motion to dismiss an insured’s breach of contract, bad faith and negligence claims after determining that the policy’s contractual limitations provision is unenforceable under Mississippi law.
FRESNO, Calif. — A California federal judge on Aug. 19 denied a motion to remand after determining that an auto insurer timely removed the insured’s breach of contract and bad faith suit because it was not clear to the auto insurer that the amount in controversy exceeded $75,000 until the insured filed supplemental responses to the insurer’s interrogatories.
FORT LAUDERDALE, Fla. — A Florida federal judge on Aug. 24 remanded a breach of contract and bad faith suit seeking damages for water and mold damage from the insurers of a heating ventilation and air conditioning company after determining that federal jurisdiction does not exist because the owner of the damaged unit did not have standing to bring the claims against the insurers at the time the suit was removed.
PHILADELPHIA — A Pennsylvania federal judge on Aug. 26 dismissed an insured’s bad faith claim against an auto insurer after determining that the insured failed to state sufficient allegations in support of the claim for bad faith.
PITTSBURGH — As part of a global settlement of underlying liability relating to improper excavation and grading of soil, a builder and insurer have settled their coverage action, contingent on the homeowners in the underlying liability actions obtaining permits to repair their properties, the builder and insurer tell a federal court in Pennsylvania in an Aug. 27 joint status report.
PHOENIX — A trial court did not err in granting summary judgment in favor of an insurance agency and its agent in a breach of contract and bad faith suit because the owner of an insured property failed to show that the agent owed any duty of care to the owner of the insured property, the Division 1 Arizona Court of Appeals said Aug. 24.
LAS VEGAS — A Nevada federal judge on Aug. 24 dismissed an insured’s bad faith claims with leave to amend after determining that the insured could potentially allege more than just a valuation dispute against the auto insurer.