JANUARY 2012 BAD FAITH CASES: BREACH OF FIDUCIARY DUTY CLAIM REDUNDANT WITH INSURED’S BAD FAITH AND BREACH OF CONTRACT CLAIMS;NEGLIGENCE CLAIM BARRED BY GIST OF ACTION DOCTRINE (Western District)

The court considered a carrier’s motion to dismiss an insured’s complaint. The complaint alleged bad faith, violations of the Unfair Trade Practices and Consumer Protection…