PRIMARY INSURER’S ALLEGED BAD FAITH FAILURE TO SETTLE RAISED BY EXCESS CARRIER COULD NOT BE DECIDED ON SUMMARY JUDGMENT; BAD FAITH IS DETERMINED FROM FACTS AT THE TIMES DECISIONS WERE MADE, NOT BY USING HINDSIGHT AFTER THE FINAL OUTCOME IS KNOWN (New Jersey Federal)

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The plaintiff-excess insurer sued a primary auto insurance carrier for failing to settle within its $1,000,000 policy limits. The case went to trial against the…

MAY 2014 BAD FAITH CASES: NEW JERSEY DISTRICT COURT FINDS THAT “FAIRLY DEBATABLE” STANDARD DID NOT APPLY IN CONTEXT OF THIRD PARTY CLAIM, WHERE INSURED ASSERTED BAD FAITH FOR FAILURE TO SETTLE WITHIN POLICY LIMITS TO AVOID AN EXCESS VERDICT (New Jersey Federal)

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In State National Insurance Company v. County of Camden, the County was sued for a serious personal injury sustained when the injured party drove off…