APRIL 2016 BAD FAITH CASES: INSURED MET FEDERAL PLEADING STANDARDS IN ALLEGING BAD FAITH DELAY IN CLAIMS HANDLING, AND CONSIDERED VIOLATIONS OF STATE REGULATIONS AS WELL IN DECLINING MOTION TO DISMISS (Middle District, Magistrate’s Report and Recommendation)

In Ridolfi v. State Farm Mutual Automobile Insurance Company, the insured brought breach of contract and bad faith claims against its own insurer in connection…

APRIL 2016 BAD FAITH CASES: (1) NO CONSUMER FRAUD ACT CLAIM FOR DENIAL OF BENEFITS; (2) NEGLIGENCE CLAIM UNDER UNFAIR CLAIMS SETTLEMENT PRACTICES ACT NOT ASSIGNABLE OR ACTIONABLE; AND (3) NO BAD FAITH CLAIM WHERE QUESTION WHETHER PROPERTY DAMAGE FELL WITHIN POLICY PERIOD WAS FAIRLY DEBATABLE (New Jersey Federal)

In Nationwide Mutual Insurance Company v. Caris, the underlying facts involved the alleged fraudulent sale of a property with contamination. The insureds entered a consent…