In this UIM bad faith case, the court sets out a clear mandate to plead specific facts if a plaintiff intends to survive a motion to…
Month: February 2019
Here is a link to Wednesday’s post, which goes over three opinions Middle District Judge Richard Caputo issued last week dismissing bad faith claims. The method…
The insurer successfully obtained summary judgment despite its continued refusal to reimburse its insured the sum actually paid to repair property damage. The policy covered fire damage to…
We have summarized well over 40 opinions issued by the Honorable Richard Caputo since this Blog’s inception in June of 2006. There is no question…
This UIM case involved breach of contract, common law bad faith, statutory bad faith, and Unfair Trade Practices and Consumer Protection Law (UTPCPL) claims. The…
This case addresses a number of discovery issues in this first party benefit denial breach of contract and bad faith case. RESERVES (BAD FAITH ON…
This case addresses when a bad faith cause of action accrues, or can be re-started, for statute of limitations purposes. The bad faith statute of…
Federal Judge Mitchell S. Goldberg sets out useful examples and principles concerning removal of statutory bad faith claims to federal court. The issue in these…
Plaintiff pleaded violations of six sections of the Unfair Insurance Practices Act (UIPA) in support of its statutory bad faith claims. The plaintiff specifically prefaced…
An “entrustment” exclusion precluded coverage in this property damage case. After the court’s lengthy analysis reaching this conclusion, it addressed the insured’s bad faith claims.…