JUDGE CAPUTO’S METHODOLOGY FOR ANALYZING BAD FAITH PLEADINGS FOR THOSE WHO MISSED WEDNESDAY’S POST BECAUSE OF THE WEATHER

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 used is not unique to Judge Caputo, but his recent series of opinions crystallizes the practice of stripping away conclusory pleadings in search of genuine factual allegations that could support plausible claims an insurer’s denial of a benefit was (1) unreasonable and (2) that the insurer knew or recklessly disregarded the unreasonableness of its decision.