AUGUST 2018 BAD FAITH CASES: OVERVIEW OF NEW JERSEY STANDARDS ON FAILURE TO SETTLE BAD FAITH AND FAIRLY DEBATABLE STANDARD; REQUIREMENT OF EXPERT TESTIMONY ON BAD FAITH; INSURED’S SETTLEMENT CONDUCT WHERE INSURER HAS DECLINED COVERAGE; SEVERANCE OF BAD FAITH CLAIMS (New Jersey Appellate Division) (Unpublished)

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This case addresses a wide array of New Jersey bad faith issues. The underlying facts involve disputed coverage and defense obligations in a suit against…

MARCH 2014 BAD FAITH CASES: COURT DISMISSES BAD FAITH COUNTERCLAIM TO INSURER’S INJUNCTIVE ACTION FOR RESCISSION, WHICH WAS DEFENDING INSURED UNDER A RESERVATION OF RIGHTS, AS LOSS OF A DEFENSE AS A RESULT OF THE RESCISSION ACTION IS NOT BAD FAITH (New Jersey Federal)

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In Nova Casualty Co. v. Col-Mor Apartments, Inc., the insured was sued on the basis that it was providing drinking water contaminated with radioactive materials. …