Keeping the Cap On the Policy: Unreasonable Conduct Is a Necessary Element of a “Bad Faith Failure to Settle” Claim

Jared K. LeBeau | Sheppard Mullin Pinto v. Farmers Ins. Exch., ___ Cal. App. 5th ___ (2021) Over the past several years, the insurance industry in California has been plagued by waves of “bad faith failure to settle” claims. These claims arise out of a variety of circumstances and can take many forms, but at… Continue reading Keeping the Cap On the Policy: Unreasonable Conduct Is a Necessary Element of a “Bad Faith Failure to Settle” Claim

Judgment for Breach of Contract Reversed as Trial Court Should Have Granted Leave to Amend Complaint For Bad Faith

Michael Velladao | Lewis Brisbois In Eghtesad v. State Farm Gen. Ins. Co., 51 Cal.App.5th 406 (June 29, 2020), the California Court of Appeal reversed the trial court’s entry of judgment in favor of State Farm General Insurance Company (“State Farm”) based on an order sustaining a demurrer without leave to amend regarding a complaint filed… Continue reading Judgment for Breach of Contract Reversed as Trial Court Should Have Granted Leave to Amend Complaint For Bad Faith

Insured’s Bad Faith Insurance Claim Evaporates Before its Eyes

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 Evaporates Before its Eyes

Insured’s Bad Faith Insurance Claim Goes Up in Smoke

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

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

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