Tag Archives: Bad Faith
Can a Prior Owner Sue Carrier for Bad Faith and Breach of Contract?
With the number of properties being transferred and sold in today’s real estate economy, many buyers and sellers face new challenges regarding property damage and bad faith claims against insurance companies. This week, I write about a case that addres…
Bad Faith: Goods are Just as Good as Dwelling
Typically when I write about bad faith cases, the focus is damage to the interior or exterior of a residential dwelling or commercial building. There are, however, other types of claims for property damage. This week, I am writing about an insurance po…
Court Rules on Insurer’s Burden of Proof for Defense of Misrepresentation
Most of my blog posts are about hurricanes, roof leaks and fires This week I write about a theft claim submitted under a property insurance policy. American Pepper was a business insured under a policy with Federal Insurance Company. When property…
Insurers Have No Duty to Defend Additional Insured General Contractor for Post-Construction Defect Claims Because Policies Limited Coverage to Insured Subcontractor’s "Ongoing Operations"
Construction defect lawsuits continue to present coverage disputes not only between contractors and their insurers, but also insurers for general contractors and their subcontractors. In Absher Constr. Co. v. N. Pac. Ins. Co., 2012 U.S. Dist. LEXIS 38…
Policyholders Are Entitled To Discover Insurance Company’s "Widespread Pattern Or Practice" In Order To Establish Claim Under Colorado Consumer Protection Act
Since 2001, Colorado policyholders have technically been able to assert a claim against insurers for violation of Colorado’s Consumer Protection Act (“CCPA”) bad faith handling of their insurance claims. See Showpiece Homes Corp. v. A…
WASHINGTON COURTS REJECT EXTRA-CONTRACTUAL CLAIMS AGAINST FIRST PARTY INSURERS
Earlier this week, two Washington courts rejected extra-contractual claims against first party property insurers that had paid out benefits and followed the appraisal provisions in their policies.
In Pinney v. American Fam. Mut. Ins. Co. 2012 U.S…
It Could Be Bad Faith Too, if…..
Generally speaking, when talking about bad faith claims in California, it involves unreasonable delay or withholding benefits to the insured. In most instances when an insurance carrier fully and promptly pays the benefits due to an insured, a bad fait…
Was a California Policyholder’s Bad Faith Claim a Slam Dunk?
Whether an insurer acted in bad faith is not always a clear. The resolution of a bad faith claim depends on the particular facts of each loss, when the insurer became aware of the facts, and the insurer’s intent in reacting to them. Often, a full…
Hawaii’s Bad Faith Insurance Law is Heavily Influenced by California Case Law
Last week, I blogged about California case law and how California has influenced the modern day tort of bad faith in almost nineteen (19) different states. As I research and come to familiarize myself with the laws of Hawaii and insurance bad faith in …
The Evolution of the Tort of Bad Faith is Heavily Influenced by California Cases
Someone recently asked me if bad faith tort claims originated in California. Although I cannot say that California is the jurisdiction in which bad faith claims were founded, I can safely say that the development of what we consider the current insuran…
