Bad Faith Bulletin

Extracontractual Claims Liability

Tag

breach of contract

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 →

Despite No Duty To Defend, Insurer’s Lack of Due Diligence Prevents Summary Judgment in its Favor on Breach of Implied Covenant of Good Faith and Fair Dealing

In Travelers Property Casualty Co. of America v. Federal Recovery Services, Inc., 2016 WL 146453 (D. Utah Jan. 12, 2016), the U.S. District Court for the District of Utah denied an insurer’s motion for summary judgment on the insured’s counterclaim… Continue Reading →

Use It or Lose It! So Says The Iowa Supreme Court: Claim Preclusion Barred “Bad Faith” That Insured Failed to Assert in Breach of Contract Action

In Villarreal v. United Fire & Cas. Co., 2016 WL 97328, (Iowa Jan 8, 2016), the Iowa Supreme Court held that an insured is typically required to bring its bad faith claim in the same lawsuit as the breach of… Continue Reading →

Too Little Too Late – Insured’s Belated Offer to Submit to EUO Barred Breach of Contract and Bad Faith Actions

In a recorded phone call, Krikor Karamanoukian reported a claim to United Financial Casualty Company (UFCC) for vehicle property damage, which the insurer later found to be similar to a prior loss. During UFCC’s investigation, the Karamanoukians retained counsel, who… Continue Reading →

Insured’s Claim Hits Turbulence – Court Rejects Claims for Breach of Fiduciary Duty and Negligence Asserted Against Insurer

In Central Flying Service, Inc. v. StarNet Ins. Co., et al., 2015 WL 7854316 (E.D. Ark. 2015), StarNet Insurance Company (StarNet) prevailed on a motion to dismiss claims for breach of fiduciary duty and negligence in connection with its denial… Continue Reading →

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