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18 Jan 2019, 8:12 am
 In order to prevail in summary judgment, Insurer would have to demonstrate that based on the developed record, no dispute of any material fact existed and that Insurer was entitled to judgment as a matter of law on the good faith claim. [read post]
6 Jul 2011, 5:16 am by Erin Kristofco
The Colorado Court of Appeals disagreed, stating: [W]e respectfully disagree with the district court's apparent conclusion that “fair debatability,” without more, is necessarily sufficient to defeat a bad faith claim as a matter of law. [read post]
27 Aug 2009, 7:32 am
  Taking the facts in the light most favorable to the insured, the court could not conclude, as a matter of law, that the insurer’s actions were reasonable throughout its review of the insured’s claim for policy benefits. [read post]
24 Nov 2008, 12:20 pm
Accordingly, the Commissioner said that although he had reviewed the reply, he did not consider those portions containing new allegations that are not responsive to new material or affirmative defenses set forth in Stieffenhofer's answer.Although the Commissioner dismissed Stieffenhofer's appeal as untimely, he addressed a number of relevant procedural matters that are instructive. [read post]
24 Nov 2008, 12:20 pm
Accordingly, the Commissioner said that although he had reviewed the reply, he did not consider those portions containing new allegations that are not responsive to new material or affirmative defenses set forth in Stieffenhofer's answer.Although the Commissioner dismissed Stieffenhofer's appeal as untimely, he addressed a number of relevant procedural matters that are instructive. [read post]
30 Mar 2012, 7:58 pm by Peter Vodola
Liberty Mutual asserts that Feingold lacks standing to pursue a claim under Pennsylvania’s bad faith insurance statute. [read post]
6 Apr 2007, 10:43 am
" That's why they think a belief in salvation through faith in God, no matter the religious tradition, is dangerous to an open society. [read post]
2 May 2008, 12:20 pm
Recently, the United States District Court for the Central District of California concluded in a matter of first impression that a reinsured cannot recover in tort for a reinsurer’s alleged breach of the implied covenant of good faith and fair dealing. [read post]
7 Sep 2018, 10:00 am by Krause Donovan Estate Law Partners
We assist clients in and around Madison, Wisconsin with all matters related to estate planning, trusts, and probate matters. [read post]
22 Jun 2009, 11:03 am
Readers of this blog might know that most states have adopted some version of the Uniform Trade Secrets Act's Section 4 regarding attorney's fees: "If (i) a claim of misappropriation is made in bad faith, (ii) a motion to terminate an injunction is made or resisted in bad faith, or (iii) willful and malicious misappropriation exists, the court may award reasonable attorney's fees to the prevailing party. [read post]
11 Jul 2007, 10:23 am
Universal appealed.The court of appeals affirmed the trial court's ruling that refusing to provide the underwriting file to the policyholders was bad faith as a matter of law. [read post]
16 May 2008, 9:56 am
CGL - LATE NOTICE - 4 1/2-MONTH DELAY BY LAW FIRM INSURED FOUND UNREASONABLE AS A MATTER OF LAW - NO GOOD FAITH BELIEF IN NON-LIABILITYAvery & Avery, P.C. v. [read post]
10 Apr 2007, 5:27 am
"In my humble opinion, our community's civic leaders, well intentioned as they may be, would appear to be in need of spiritual guidance on this matter. [read post]
8 Jan 2015, 7:34 am by Julie Goldscheid
If the Court were to endorse judicial review of conciliation, employers would have incentives to raise inadequate conciliation argument defenses as a matter of course. [read post]
12 May 2009, 2:44 pm
From a personal perspective I would never approve of pornography or violence against women, but faith is faith, and business is business. [read post]
6 Mar 2015, 3:30 am by Robert Trautmann
The process just got even harder in light of the Supreme Court’s ruling in Badiali v. [read post]
15 Nov 2019, 11:12 am by Gibbons P.C.
MacLeod, an Associate in the firm’s Real Property Department, authored an article, “Finding the Outer Edges of ‘Good Faith’ in ‘Mt. [read post]