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Mealey's Insurance Bad Faith

  • September 17, 2021

    Kentucky Majority Reverses Ruling Against Insurer In Third-Party Bad Faith Suit

    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.

  • September 14, 2021

    8th Circuit: Insurer’s Settlement Practice Complied With Arkansas Insurance Rule 23

    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.

  • September 13, 2021

    Bad Faith Claim Erroneously Dismissed Against Auto Insurer, Wisconsin Panel Says

    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.

  • September 10, 2021

    Experts On Industry Standards In Bad Faith Suit May Testify, Federal Judge Says

    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.

  • September 09, 2021

    Breach Of Contract, Bad Faith Claims Against Auto Insurer Fail Without Expert

    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.

  • September 09, 2021

    Bad Faith Claim Cannot Proceed; Judge Says Insured Failed To Support Claim

    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.

  • September 03, 2021

    Questions Of Fact Exist As To Whether Insurer’s Conduct Was Reasonable

    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.

  • September 03, 2021

    Judge:  Evidence Supports Verdict For Medical Device Maker In Insurance Case

    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.

  • September 03, 2021

    Questions Of Fact Preclude Summary Judgment For Insurer In Fire Coverage Suit

    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.

  • September 02, 2021

    With Bad Faith Claim Waived, Deposition Uncalled For, Judge In Coverage Row Says

    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.

  • September 01, 2021

    8th Circuit Panel Affirms Finding That Homeowners’ Insurer Acted In Bad Faith

    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.

  • September 01, 2021

    Bad Faith Claim In Water Damage Coverage Dispute Dismissed As Duplicative

    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.

  • August 31, 2021

    Insureds Provide Sufficient Evidence In Support Of Bad Faith Claim

    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.

  • August 31, 2021

    Insured’s Breach Of Contract, Bad Faith Claims To Proceed, Judge Says

    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.

  • August 31, 2021

    Breach Of Contract, Bad Faith Suit To Remain In Federal Court

    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.

  • August 31, 2021

    Claimant Lacked Standing To Assert Claims Against Insurers, Judge Says

    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.

  • August 30, 2021

    Bad Faith Claim Against Auto Insurer Dismissed For Failure To Support Claim

    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.

  • August 30, 2021

    Builder, Insurer Settle Bad Faith, Breach Of Contract Suit Over Cracked Foundations

    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.

  • August 27, 2021

    Insurance Agent, Agency Owed No Duty Of Care To Owner Of Insured Property

    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.

  • August 26, 2021

    Bad Faith Claims Against Auto Insurer Dismissed With Leave To Amend

    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.