Christopher G. Hill | Construction Law Musings We have often discussed payment and performance bonds here at Construction Law Musings, most often in the context of payment bond claims relating to federal and state-owned. construction projects. A late 2020 case out of the Eastern District of Virginia federal court examined what happens after such a claim, in this… Continue reading Is Settling a Bond Claim in the Face of a Seemingly Clear Statute of Limitations Defense Bad Faith?
Tag: Bad Faith Claims
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
Court Affirms Summary Adjudication of Bad Faith Claim Where Expert Opinions Raised a Genuine Dispute
Christopher Kendrick and Valerie A. Moore | Haight Brown & Bonesteel In 501 East 51st Street etc. v. Kookmin Best Ins. Co., Ltd. (No. B293605, filed 4/2/20, ordered pub. 4/16/20), a California appeals court affirmed summary adjudication and dismissal of a bad faith claim based on the genuine dispute doctrine. 501 East 51st Street Long-Beach-10, LLC (501)… Continue reading Court Affirms Summary Adjudication of Bad Faith Claim Where Expert Opinions Raised a Genuine Dispute
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