Bad Faith Bulletin

The latest extracontractual claims liability and bad faith legal issues brought to you by Tressler insurance attorneys!

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Insurer’s Conduct During Appeal of Underlying Judgment Does Not Affect “Bad Faith” Limitations Period

Dietz v. GEICO General Ins. Co. arose out of injuries in a 2009 traffic accident involving the insured. After the insurer denied coverage for medical expenses incurred by the plaintiff, the plaintiff filed suit against the insured in 2011 and… Continue Reading →

Insurer’s Post-Settlement Demand for Release by Insured Raises Possibility of Alleged Bad Faith

In Trotter, et al. v. American Modern Select Insurance Company, the U.S. District Court for the Western District of Oklahoma recently denied an insurer’s motion for summary judgment on bad faith claims, detailing what is and isn’t reasonable conduct in… Continue Reading →

Georgia Appeals Court Reverses Trial Court Order Denying Insurer’s Motion to Set Aside Default Judgment in Bad Faith Suit

In Central Mutual Ins. Co. v. Kicklighter, et al., the Court of Appeals of Georgia reversed the trial court’s order denying the insurer’s motion to set aside a default judgment. The default judgment had been obtained ex parte and then… Continue Reading →

Insurer on Hook for $5 Million for Failure to Respond in 15 Days to Request for Information or Settlement Demand Results

In Metropolitan Property and Casualty Insurance Company v. Hedlund, the U.S. District Court for the Eastern District of California found, after a one-day bench trial, that an insurer failed to properly discharge its duties of good faith and fair dealing… 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 →

Down the Slippery Slope of Bad Faith Discovery

Republished from Tressler’s The Property Line blog. In bad faith lawsuits, policyholders often seek discovery of other claims involving allegations of bad faith. Such discovery is not relevant and should be uniformly denied. The mere fact that some other claim… Continue Reading →

Tressler LLP Launches Bad Faith Bulletin

Tressler LLP is pleased to announce the launch of the firm’s latest blog, Bad Faith Bulletin. To keep up with the changing digital landscape, Bad Faith Bulletin will replace the firm’s traditional e-newsletter titled Extra! Extra! Extracontractual Liability and Claims… Continue Reading →

First Things First – Florida Supreme Court Rules Insured is Entitled to Jury Determination of UM Liability and Damages in Excess of Policy Limits Prior to Litigating First-Party Bad Faith

Fridman v. Safeco Ins. Co. of Illinois, 2016 WL 743258 (Fla. 2016) arose out of an insured’s demand for the $50,000 uninsured/underinsured motorist (UM/UIM) limit on his auto policy. The insured filed a Civil Remedy Notice pursuant to Florida’s bad… Continue Reading →

Do Not Pass Go – Third Circuit Affirms Dismissal of Bad Faith Claim Against Insurer

In Hammond v. U.S. Liability Ins. Co., 2016 WL 929288 (3rd Cir. 2016), the insured sought coverage under a Businessowners and Technology Professional Liability policy after he was sued by a technology information company. The technology company asserted ownership rights… Continue Reading →

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