Aaron Kornblith | The Bad Faith Sentinel | October 11, 2016 After a March 2012 hail storm damaged his home in Mission, Texas, Kenneth Toney (“Toney”) filed a claim with State Farm Lloyds (“State Farm”), his homeowners insurance carrier. The parties were unable to agree on the amount to which Toney was entitled for the… Continue reading Fifth Circuit: If It Ain’t Broke, Not Paying To Fix It Ain’t Bad Faith
Tag: Bad Faith
Third Party Claimant Denied Action for Bad Faith without Valid Assignment Against Insurer
Karen Dicke | Lewis Brisbois Case: Johno v. Doe Louisiana Fourth Circuit Court of Appeal 2015-0737 (La. App. 4 Cir. 03/09/16) Plaintiff Dana Johno sued the Plaquemines Parish Government, its contractor Leon Duplessis & Sons, Inc. and its subcontractors HardRock Construction and Pro Tree Services, for demolishing his rental home, damaged during Hurricane Katrina, without… Continue reading Third Party Claimant Denied Action for Bad Faith without Valid Assignment Against Insurer
Bad Faith Defense Themes
Donald Myles, Jr. | Jones, Skelton & Hochuli, PLC | June 29, 2016 Anyone who has defended an insurance carrier realizes that the general public, and thus juries, initially believe that companies are looking for ways to deny claim payments. Whether the facts or coverage language justify the denial, a jury must be convinced that… Continue reading Bad Faith Defense Themes
Genuine Dispute Defeats Both Bad Faith and Elder Abuse
Julia A. Molander | Cozen O’Connor | June 27, 2016 The Paslays sued State Farm for failing to pay a portion of the damage caused to their Pacific Palisades house by a heavy rainstorm and for forcing them to move back into the house while it was still under construction. The complaint asserted claims for… Continue reading Genuine Dispute Defeats Both Bad Faith and Elder Abuse
Genuine Dispute Over Cause of Damage and Insureds’ Demolition Before Inspection Negate Bad Faith and Elder Abuse Claims
Christopher Kendrick and Valerie A. Moore | Haight Brown & Bonesteel LLP | June 28, 2016 In Paslay v. State Farm General Ins. Co. (No. B265348, filed 6/27/16), a California appeals court found triable issues of fact regarding whether State Farm breached its contract in paying a water loss, but affirmed summary adjudication for the… Continue reading Genuine Dispute Over Cause of Damage and Insureds’ Demolition Before Inspection Negate Bad Faith and Elder Abuse Claims