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LexisNexis® Mealey's™ Insurance Bad Faith Legal News
Headline Insurance Bad Faith Legal News from LexisNexis®

• High Court: Fact Issue As To Whether Interpretation Of UIM Policy Was In Bad Faith
  HONOLULU - There are genuine issues of material fact as to whether an insurer breached its duty of good faith by unreasonably interpreting its policy as requiring that the insureds pursue a third-party tortfeasor to judgment as a precondition to receiving underinsured motorist (UIM) benefits, the Hawaii Supreme Court found July 8, vacating and remanding a lower court's grant of partial summary judgment to the insurer on the insureds' bad faith claim (Bang Ja Guajardo and Richard Guajardo v. AIG Hawaii Insurance Co. Inc., No. 27893, Hawaii Sup.; 2008 Haw. LEXIS 149). Full story on lexis.com
• Judge: Insurer Did Not Act In Bad Faith In Failing To Offer Policy Limits
  COLUMBIA, S.C. - In light of the substantial offers made by an insurer to settle a uninsured motorist (UM) claim and its expressed willingness to continue negotiations, a federal judge concluded July 1 that the insurer did not act in bad faith in failing to offer policy limits before the insured's institution of suit against the uninsured motorist (Robyn Michelle Wilkins v. State Farm Mutual Ins. Co., No.: 3:06-334-CMC, D. S.C., Columbia Div.; 2008 U.S. Dist. LEXIS 50711). Full story on lexis.com
• Panel: Trial Judge Did Not Err In Declining To Rule On Late Bad Faith Claim
  TRENTON, N.J. - The casual mention of a possible bad faith claim at the commencement of trial was not sufficient to place the matter at issue, nor was the unfounded argument after a $2.6 million verdict was returned that the judgment should reflect the full amount of the verdict, a New Jersey appeals panel held June 30, affirming a trial judge's refusal to address an insured's belated bad faith claim (Leona C. Taddei and Margaret Taddei, his wife v. State Farm Indemnity Co., No. A-3806-06T2, N.J. Super., App. Div.; 2008 N.J. Super. LEXIS 141). Full story on lexis.com
• Panel: Extracontractual Damages Not A Basis For Sua Sponte Reversal On Appeal
  NEW ORLEANS - The issue of lesser damages for an insurer's conduct based on simple negligence as opposed to bad faith was not preserved and is not a basis for sua sponte reversal on appeal, the Fifth Circuit U.S. Court of Appeals ruled July 7, denying insureds' petition for rehearing (Patrick Joseph Essinger Sr., individually and as administrator of the estate of Jolee Paige Essinger, deceased; Constance Lorraine Essinger, individually and as administrator of the estate of Jolee Paige Essinger, deceased v. Liberty Mutual Fire Ins. Co., No. 07-60376, 5th Cir.; 2008 U.S. App. LEXIS 14279; See 06/03/2008, Page 5). Full story on lexis.com
• Judge: Insurer Had Duty To Defend; Bad Faith Claim To Proceed
  RENO, Nev. - Allegations contained in an underlying construction defects complaint were potentially covered under an insurer's policy and, therefore, the insurer had a duty to defend its insured in the underlying litigation, a Nevada federal judge found June 23, allowing the bad faith claim against the insurer to proceed to trial (Patrick McClain, an individual d/b/a A. Admiral Premier Pools & Spas, AA Premier Pools & Spa and Paradise Pools, and AA Premier Pools & Spas Inc. v. National Fire & Marine Insurance Co., No. 2:05-cv-00706-LRH-RJJ, D. Nev.; 2008 U.S. Dist. LEXIS 50874). Full story on lexis.com
• Bad Faith Claim Adequately Stated, Federal Judge Rules
  OKLAHOMA CITY - An Oklahoma federal judge on July 2 found that mobile home owners have adequately stated a bad faith claim concerning a consumer contract against Green Tree Servicing L.L.C. and Green Tree Insurance Agency Inc., dismissing the defendants' assertion that the claim should be dismissed because liability for insurance bad faith under state law can be asserted only against an insurance company (Ronald Cole and Joyce Cole v. Green Tree Servicing L.L.C. and Green Tree Insurance Agency Inc., No. CIV-07-1365-M, W.D. Okla.; 2008 U.S. Dist. LEXIS 50773). Full story on lexis.com
• Expert Report Merely Restatement Of Certain Evidence, Judge Finds
  CAMDEN, N.J. - An insurer's bad faith expert report is filled with legal conclusions and speculations, which will not assist the fact finder in understanding the complex insurance matters at issue, a federal judge found June 30, granting an insured's motion to strike the report because it does not meet the "fit" requirement under the Federal Rules of Evidence (Holman Enterprises, Holman Leasing & Rental, Robert Di Bella, and Iris Natale v. Fidelity And Guaranty Ins. Co., et al., No. 06-6029 (JEI), D. N.J.; 2008 U.S. Dist. LEXIS 50052). Full story on lexis.com
• Panel: Settlement Reasonable; Insurer Provides No Evidence Of Bad Faith, Collusion Or Fraud
  SEATTLE - A Washington appeals court panel on July 7 rejected an insurer's contention that a lower court abused its discretion by failing to consider its interests as a party not being released by a settlement agreement, finding that the insurer did not establish bad faith, collusion or fraud by the settling parties (The Heights at Issaquah Ridge Owners Association, respondent v. Derus Wakefield I LLC, defendant, Steadfast Insurance Co., intervenor/appellant, No. 60394-9-I, Wash. App., Div. 1; 2008 Wash. App. LEXIS 1605). Full story on lexis.com