Bad Faith Bulletin

Extracontractual Claims Liability

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bad faith claims

Insurer’s Conditional Offer to Pay the Policy Limit and Ensure Insured be Released was Not in Bad Faith

In Joseph Shaheen v. Progressive Casualty Ins. Co., the 6th Circuit U.S. Court of Appeals determined that the insurer’s conduct did not satisfy the threshold standard for bad faith claims under Kentucky law. In 2005, the insured, while intoxicated, struck… Continue Reading →

Triable Issues Regarding Breach of Contract Call Into Question “Elder Abuse”

In Paslay v. State Farm General Ins. Co., the California Court of Appeal found triable issues of material fact regarding breach of the insurance contract, due to the insurer’s failure to pay all elements of the insured’s claim for residence… Continue Reading →

Claims Handling Does Not Have to Be Perfect to Avoid Bad Faith Claim

In Bamford, Inc. v. Regent Ins. Co., the 8th U.S. Circuit Court of Appeals held the insurer acted in bad faith in its handling of the settlement negotiations and trial of one of its insureds. The underlying plaintiff was injured… Continue Reading →

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