Author Archives: Aaron French
Kentucky Court Finds Insurer Did Not Commit Bad Faith in Delaying UM Benefit Payment Until Medicare Lien Was Determined
Summary: Claimant brought action against automobile insurer alleging insurer acted in bad faith for delaying payment of his claim for uninsured motorist (UM) benefits until determining the exact amount of the Medicare lien. The appellate court held the insurer did … Continue reading
Tagged Kentucky Law, Medicare Lien, Settlement Check, Uninsured Motorist
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Eighth Circuit Finds No Bad Faith by Primary Insurer Under Missouri Law in Insurer Versus Insurer Dispute
Summary: This case is a dispute between an excess and primary insurer, both of whom insured a trucking company whose tractor trailer was involved in a fatal traffic accident. The parties injured in the accident sued the trucking company and … Continue reading
Tagged Duty to Settle, Excess Insurance, Insolvent Insured, Insurer vs. Insurer, Missouri Law
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What a Mess! — Insurer Has No Right to Jury Trial to Determine if Settlement Between Its Insured and Claimant Was Reasonable
Summary: After the insurer denied a settlement demand for the $2 million policy limits, the insured, a plumbing contractor, and the land owner plaintiff (“claimant”) reached a settlement agreement for approximately $3.75 million. The trial court judge determined that the … Continue reading
Tagged Duty to Settle, Policy Limit Demand, Reasonableness, Third Party Claim, Washington Law
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Florida Appeals Court Refuses to Enter a Conditional Judgment Awarding Attorney’s Fees
Summary: Insured motorist and his wife brought action against their insurer seeking underinsured motorist (UIM) benefits. After the trial court entered judgment in favor of the insureds, the insurer appealed. The appeals court affirmed but denied the insureds’ motion for … Continue reading
Tagged Attorney’s Fees, Florida law, Statutory Bad Faith, Underinsured Motorist
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Insurer Did Not Commit Bad Faith in Denying Worker’s Comp Claim
Summary: Worker’s compensation insurer filed dispute as to whether claimant’s compensable injury included right carpal tunnel syndrome, a wrist sprain/strain, and tendonitis. Following a contested case hearing with the Department of Worker’s Compensation, it was found that evidence of causation … Continue reading
Tagged Carpal Tunnel, Proper Notification, Texas Law, Unfair Settlement Practices, Work Related Injury, Worker’s Compensation, Wrist Injury
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Is It Bad Faith to Delay the Pay? Federal Court in Pennsylvania Says No
Summary: Uninsured motorist filed a bad faith action against his automobile insurer for failure to pay underinsured motorist (UIM) benefits. Insurer moved for summary judgment and district court held that insurer’s delay in paying UIM benefits did not constitute bad … Continue reading
Tagged Liability in Question, Pennsylvania Law, Reasonable Delay, Underinsured Motorist Policy
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Court Finds No Bad Faith Due to Bona Fide Dispute Over Coverage for Wind Damaged Roof
Summary: The District Court granted partial summary judgment in favor of insurer on bad faith claim regarding roof damage. The District Court found there was a bona fide dispute whether coverage applied, but that the insurer had not acted in … Continue reading
Tagged Bona Fide Dispute, First Party Claim, Private Adjuster, Property Damage, Texas Law, Wind Damage
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Insured Cannot Circumvent Unfair Insurance Practices Act in California
Summary: The District Court dismissed Plaintiffs’ claims for negligence, negligent infliction of emotional distress and unfair business practice in violation of the California Unfair Competition Law statute. The District Court held that the Unfair Competition Law (“UCL”) claim was legally … Continue reading
Insurer Has Right to Make Mistake: Court Finds No Bad Faith but “Fairly Debatable” Is Not End of Analysis
Summary: Insured motorist injured in an accident filed suit against his underinsured motorist (UIM) insurer for bad faith refusal to pay remaining UIM policy limits until after claim was resolved in arbitration. The Appellate Court held that insurer’s delay paying … Continue reading
Tagged Arbitration, Colorado Law, Fairly Debatable, Uninsured Motorist Claim
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Federal Court Rules Against Bad Faith “Set Up”
Summary: Applying Florida law, the Federal District Court found the insurer did not act in bad faith or delay tender of the policy limits when it conducted a reasonable investigation into plaintiff’s injuries. Instead, the District Court found it was … Continue reading