Denise Sze | Property Insurance Coverage Law Blog | October 6, 2017 In a past blog, I explored how the interpretation of California Civil Instruction (CACI) 2334 is impacting the law. This week, we look at the CACI instruction to analyze how an insurer’s “unreasonable” behavior is deciphered to potentially give rise to a bad… Continue reading What Unreasonable Behavior of the Insurer Gives Rise to Bad Faith in California?
Tag: Bad Faith
Colorado Allows Contractors to Bring Statutory Bad Faith Claim as First-Party Claimant
Jonathan Bukowski | Property Insurance Coverage Law Blog | October 4, 2017 With its 2008 enactment of Colorado Revised Statute § 10-3-1115 and § 10-3-1116, Colorado has created one of the country’s strongest statutory bad faith causes of action. What makes Colorado’s bad faith statute even more exceptional is that it allows a repair vendor, such as a… Continue reading Colorado Allows Contractors to Bring Statutory Bad Faith Claim as First-Party Claimant
Fourth Circuit Finds No Bad Faith for Delay in Investigating Construction Defect Claim
James W. Bryan | Nexsen Pruet | September 12, 2017 Construction defect claims often include coverage disputes spiced with allegations of bad faith designed to turn up the heat on the insurer. The Fourth Circuit, in its review of one such recent North Carolina case, held while the insured prevailed on its contract claim, there… Continue reading Fourth Circuit Finds No Bad Faith for Delay in Investigating Construction Defect Claim
Fourth Circuit Finds No Bad Faith for Delay in Investigating Construction Defect Claim
James W. Bryan | Nexsen Pruet | September 12, 2017 Construction defect claims often include coverage disputes spiced with allegations of bad faith designed to turn up the heat on the insurer. The Fourth Circuit, in its review of one such recent North Carolina case, held while the insured prevailed on its contract claim, there… Continue reading Fourth Circuit Finds No Bad Faith for Delay in Investigating Construction Defect Claim
Colorado Statutory Bad Faith: Doubling Down On An Insurer’s Unreasonable Delay Or Denial
Jonathan Bukowski | Property Insurance Coverage Law Blog | August 19, 2017 In August 2008, Colorado created a statutory bad faith claim of action for first-party policyholders not only separate and distinct from a claim for common law bad faith breach of an insurance contract, but establishes a much more reasonable threshold to prevail against… Continue reading Colorado Statutory Bad Faith: Doubling Down On An Insurer’s Unreasonable Delay Or Denial