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 →
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 →
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 →
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 →
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 →
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 →
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