With the challenges and misconceptions that may potentially arise when resolving coverage disputes, insurers should be careful in responding to policy limits and settlement demands to avoid potential
bad faith claims.
Landers contended that his damages always exceeded the policy limits and that State Farm had acted in
bad faith by delaying payment of the policy limits until after appraisal.
New Jersey also deeply impacted by Sandy, seemingly has held on to its
bad faith standard.
The Trademark Office rejected the registration application on grounds of
bad faith based on opposition filed by the prior owner.
Although not discussed in detail in the decision, a dismissal of an involuntary petition, particularly on
bad faith grounds, can result in significant damage claims against the petitioning creditors.
that their insurer was in
bad faith for concealing "evidence
The
bad faith litigation was on behalf of 40 health-care providers, although it was expected to expand to include all of the approximately 441 PIP clients.
In the second lawsuit, Perdido Sun alleged a statutory first-party
bad faith claim, pursuant to section 624.
6) This is the rule, irrespective of whether
bad faith is alleged with the breach of contract action or brought separately.
National Union provides a comprehensive summary of the current California
bad faith standards.
Supreme Court made it easier for the winners of patent litigation to recover attorney's fees, and made it easier to challenge abstract patents, which are most ripe for
bad faith assertions.
The insurer can settle on behalf of one insured and face a
bad faith claim from the other insured(s), or it can refuse to settle altogether and face a
bad faith action from all of its insureds.
