Patrick Gorman | Jones, Skelton & Hochuli Iglesia v. BrotherhoodArizona Court of AppealsApril 12, 2022 In cases alleging bad faith against an insurance carriers, policyholders will often sue employee adjusters or contractors (independent adjusters, engineers, experts) of the insurance carrier to keep the case out of federal court. In a legal sense, policyholders sue the… Continue reading Arizona Appellate Court to Consider Standard for Aiding and Abetting Bad Faith Claims
Category: Bad Faith
An Inadequate Investigation Exposes Arizona Insurers to Bad Faith Only If the Insured Proves Additional Investigation Would Have Favored the Insured
Nathan Meyer | Jaburg Wilk Plaintiffs often allege an insurer breached the duty of good faith and fair dealing by conducting an unreasonable and/or an inadequate investigation. But, Arizona courts have held for over 30 years that an insurer’s unreasonable investigation can be the basis of bad faith liability only if a reasonable investigation would… Continue reading An Inadequate Investigation Exposes Arizona Insurers to Bad Faith Only If the Insured Proves Additional Investigation Would Have Favored the Insured
Wyoming Supreme Court Allows Insured to Seek Bad Faith Damages
Lee-Ann Brown | Bradley Arant Boult Cummings In May of this year, the Supreme Court of Wyoming held that a subsidiary of Sinclair Oil could invoke statutory bad faith damages after prevailing in a coverage dispute with its insurer, Infrassure. The court rejected the district court’s analysis that accepted the insurer’s narrow interpretation of Wyoming’s… Continue reading Wyoming Supreme Court Allows Insured to Seek Bad Faith Damages
Bad Faith Suit Dismissed for Insufficient Civil Remedy Notice
Krista Elsasser, Samantha Epstein and Hope Zelinger | Bressler, Amery & Ross On September 13, 2021, Judge Nicholas Lopane in Broward County dismissed a bad faith suit filed by McDonald and Barnhill against United Property and Casualty Insurance Company (“United”), finding that the Civil Remedy Notice (“CRN”) on which it was purportedly based to be… Continue reading Bad Faith Suit Dismissed for Insufficient Civil Remedy Notice
No Bad Faith When Insurer Relied on Opinion of Independent Consultant
Alycen A. Moss and Elliot Kerzner | Property Insurance Law Observer The Court of Appeals of Georgia recently held that an insurer’s reliance on the report of an independent consultant creates a presumption that it did not act in bad faith in denying coverage. In Montgomery v. Travelers Home and Marine Ins. Co., 859 S.E.2d 130… Continue reading No Bad Faith When Insurer Relied on Opinion of Independent Consultant