Mikaela Whitman | Law.com | October 11, 2019 The covenant of good faith and fair dealing is implied in all insurance contracts. While most states recognize that an action for breach of this covenant (also known as “bad faith”) sounds in breach of contract, some states also recognize an independent tort that can be separate… Continue reading Using Unfair Claim Settlement Statutes To Prove Bad Faith
Category: Bad Faith
Insurer Not Entitled to Summary Judgment on Construction Defect, Bad Faith Claims
Tred R. Eyerly | Insurance Law Hawaii | August 12, 2019 The federal district court denied the insurer’s motion for summary judgment seeking to establish there was no coverage for construction defect claims and for bad faith. Country Mut. Ins. Co. v. AAA Constr. LLC, 2019 U.S. Dist. LEXIS 115935 (W.D. Okla. July 12,… Continue reading Insurer Not Entitled to Summary Judgment on Construction Defect, Bad Faith Claims
Bad Faith Legislation: Good for Insurance Policyholders?
William G. Passannante | PropertyCasualty360 | September 12, 2019 When an insurance company violates its duty of good faith and fair dealing, a policyholder should have a remedy for the insurance company’s breach of duty. In order for insurance purchasers to receive the benefit of their insurance policies, bad faith behavior by insurance companies requires… Continue reading Bad Faith Legislation: Good for Insurance Policyholders?
Washington Supreme Court Holds Claims Adjusters Cannot Be Personally Liable for Bad Faith
Jordan Hess and Terri Sutton | Cozen O’Connor | October 9, 2019 In a closely contested 5-4 decision, the Washington Supreme Court held in Keodalah v. Allstate Insurance Company, et al., Slip. Op. No. 95867-0, ___ P.3d ___ (Oct. 3, 2019), that a claims adjuster cannot be held personally liable to an insured for bad faith.… Continue reading Washington Supreme Court Holds Claims Adjusters Cannot Be Personally Liable for Bad Faith
The Murky Waters Between “Good Faith” and “Bad Faith”
Theresa A. Guertin | SDV Insights | August 1, 2019 In honor of Shark Week, that annual television-event where we eagerly flip on the Discovery Channel to get our fix of these magnificent (and terrifying!) creatures, I was inspired to write about the “predatory” practices we’ve encountered recently in our construction insurance practice. The more… Continue reading The Murky Waters Between “Good Faith” and “Bad Faith”