The Property Line

Tag

bad faith

Down the Slippery Slope of Bad Faith Discovery

In bad faith lawsuits, policyholders often seek discovery of other claims involving allegations of bad faith. Such discovery is not relevant and should be uniformly denied. The mere fact that some other claim resulted in a finding of bad faith… Continue Reading →

Insurers Must Analyze the Condition of Personal Property to Calculate Depreciation for ACV Purposes

A California trial court recently held that an insurer must use the “condition” of personal property as a factor in determining the depreciation value to calculate actual cash value (ACV). In The Doan v. State Farm Gen. Ins. Co., certain… Continue Reading →

Minnesota Prejudgment Interest Statute Does Not Apply to Appraisal Awards Without an Underlying Breach of Contract or Bad Faith Claim

Cincinnati Insurance Company (Cincinnati) provided a homeowner’s policy to the insured. Pursuant to a Minnesota state statute, the policy included an appraisal clause mandating that if the parties could not agree on the valuation of a loss, that either party… Continue Reading →

Bad Faith Claim Supported by Evidence That Insurer Tried to “Overwhelm” and “Frustrate” an Insured

By way of its declaratory judgment complaint filed in Great American Ins. Co. v. GRM Management, LLC, 2014 U.S. Dist. LEXIS 164147 (E.D. Vir. Nov. 24, 2014), Great American sought a declaration that no coverage was owed to its insureds… Continue Reading →

Where the Insured’s Material Misrepresentations Void the Policy, the Insurer Cannot Be Liable for Bad Faith

In Wright v. Grange Mut. Cas. Co., No. 3:13-CV-00747, 2015 U.S. Dist. LEXIS 35733 (W.D. Ky. March 23, 2015), the insured owned a U.S. Tobacco Outlet convenience store in Kentucky that sold tobacco products and accessories. On July 2, 2011,… Continue Reading →

Estimated Costs Related to Storm Damage: Policyholder Survives Summary Judgment on a Breach of Contract Claim While Insurer Prevailed on Bad Faith Claims

The U.S. District Court for the Southern District of Texas granted State Farm Lloyds’ summary judgment motion as to three statutory bad faith claims, finding that the plaintiff failed to allege sufficient facts to support claims of bad faith conduct,… Continue Reading →

© 2017 Tressler LLPDisclaimer | Privacy Policy

Tressler Blog Network Bad Faith BulletinCGL DispatchCondo Law WatchLocal Government LowdownPrivacy Risk ReportSpecialty Lines Advisory