SEPTEMBER 2015 BAD FAITH CASES: SUMMARY JUDGMENT DENIED ON ARGUMENT INSURED FAILED TO MEET PREDICATES OF “SUIT AGAINST US PROVISION” WHERE INSURED REFUSED TO APPEAR IN PERSON FOR EXAMINATION UNDER OATH BUT AGREED TO APPEAR BY VIDEO CONFERENCE (Middle District)

In Royce v. Erie Insurance Exchange, the insured brought breach of contract and bad faith claims against an insurer for the insurer’s purported failure to…

SEPTEMBER 2015 BAD FAITH CASES: WHERE INSURER’S MOTION TO DISMISS A BAD FAITH CLAIM DEPENDED SOLELY ON THE ARGUMENT THERE WAS NO COVERAGE, A PLAUSIBLY PLEADED COVERAGE CLAIM DEFEATED THE MOTION TO DISMISS BOTH THE CONTRACT AND BAD FAITH CLAIMS (Western District)

In Wehrenberg v. Metropolitan Property and Casualty Insurance Company, the insured brought breach of contract and bad faith claims against an insurer refusing to provide…

SEPTEMBER 2015 BAD FAITH CASES: COURT (1) FINDS CLAIM FOR BREACH OF IMPLIED COVENANT OF GOOD FAITH AND FAIR DEALING SUBSUMED IN COUNT FOR BAD FAITH; AND (2) DISMISSES DEMANDS FOR PUNITIVE DAMAGES AND ATTORNEY’S FEES IN FIRST PARTY BREACH OF CONTRACT/BAD FAITH CASE (New Jersey Federal)

In Gilliam v. Liberty Mutual Fire Insurance Company, the insureds brought claims for breach of contract, breach of the covenant of good faith and fair…

SEPTEMBER 2015 BAD FAITH CASES: IN ADDRESSING MOTION TO COMPEL COURT: (1) FINDS COMMUNICATIONS WITH ATTORNEYS PRIVILEGED; (2) WORK PRODUCT DOCTRINE DID NOT APPLY PRIOR TO DATE LITIGATION THREATENED; AND (3) RESERVES DISCOVERABLE IN BAD FAITH CASES (Middle District)

The insured brought an uninsured motorist bad faith claim against an insurer refusing to pay policy limits. In discovery, the insurer had produced a privilege…

SEPTEMBER 2015 BAD FAITH CASES: COURT (1) FINDS CLAIM FOR BREACH OF IMPLIED COVENANT OF GOOD FAITH AND FAIR DEALING SUBSUMED IN COUNT FOR BAD FAITH; AND (2) DISMISSES DEMANDS FOR PUNITIVE DAMAGES AND ATTORNEY’S FEES IN FIRST PARTY BREACH OF CONTRACT/BAD FAITH CASE (New Jersey Federal)

The insureds brought claims for breach of contract, breach of the covenant of good faith and fair dealing, and bad faith denial of insurance benefits…