Garret Murai | California Construction Law Blog Sometimes it’s right there before your eyes. Then, poof, it’s gone. This was the experience of one insured, who brought a bad faith insurance denial claim against his insurer thinking that the facts were in his favor, only to discover they were not. The 501 E. 51st Street… Continue reading Insured’s Bad Faith Insurance Claim Goes Up in Smoke
Category: Bad Faith
Sanctions Award Against Pro Se Plaintiff Upheld
Tred R. Eyerly | Insurance Law Hawaii The plaintiff’s failure to timely name an expert witness in his bad faith action led to sanctions being awarded against him in favor of the insurer. Black v. Fireman’s Fund Ins. Co., 2020 Cal. App. Unpub. LEXIS 2477 (Cal. Ct. App. April 23, 2020). After… Continue reading Sanctions Award Against Pro Se Plaintiff Upheld
A Catch 22: The Interplay Between Bad Faith And Removal
Shayla Bivins | Drew Eckl & Farnham Federal diversity jurisdiction is established where 1) the opposing parties to a lawsuit are citizens of different states and 2) the amount in controversy exceeds $75,000.1 To successfully remove a state court action to federal court based on diversity jurisdiction, defendants must prove by a preponderance of the… Continue reading A Catch 22: The Interplay Between Bad Faith And Removal
Facts Required to Plead a Bad Faith Cause of Action
Barry Zalma | Zalma on Insurance Generalities and Charges are not Sufficient to Maintain a Bad Faith Suit Some plaintiffs suing insurance companies use a “standard” bad faith set of allegations charging breach of the tort of bad faith without stating any facts specific to the case brought against the insurer. They do so because… Continue reading Facts Required to Plead a Bad Faith Cause of Action
A New Bad Faith Trend Emerges in COVID-19 Business Interruption Litigation
Gregory Gidus | Property Casualty Focus With governments across the world ordering the shutdown of restaurants, bars, and other “non-essential” businesses due to the COVID-19 pandemic, business interruption insurance claims are, not surprisingly, on the rise. While typical commercial property policies require “direct physical loss or damage” to property — a requirement that is unlikely satisfied… Continue reading A New Bad Faith Trend Emerges in COVID-19 Business Interruption Litigation