Search for: "Matter of Faith S."
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7 Jun 2010, 2:22 pm
Indiana first recognized an insurer's duty to act in good faith in the 1993 Indiana Supreme Court ruling in Erie Insurance Co. [read post]
17 Dec 2011, 7:11 am
In it's "Conclusion and Recommendation" this court said: "Because the record establishes as a matter of law that UBS did not provide substantial assistance to Lexington of a nature that would trigger imposition of participatory liability, assuming such a claim exists in Texas, the court recommends that UBS's motion for summary judgment be granted and plaintiff's claim against it be dismissed with prejudice. [read post]
16 Apr 2015, 5:30 am
Williamson addressed a defendant carrier's motion to sever bad faith claims from the contractual claims in the early stages of the matter. [read post]
21 Feb 2012, 3:30 am
App. 3d 262.However, in California, there are three distinct exceptions that have been adjudicated and are considered bad faith despite an insurer’s timely payment of a first party claim: 1) Insurer’s Concealment: In the matter of McMillin Scripps North Partnership v. [read post]
23 Nov 2022, 1:06 pm
Co., 302 So. 3d 485, 491 (Fla. 2d DCA 2020) (‘Neither the statute nor this court’s precedent requires the CRN to contain a specific amount sought to cure the alleged bad faith. [read post]
16 Dec 2019, 5:17 pm
Bainbridge recently posted, Here's the thing I don't understand about the implied covenant of good faith and fair dealing. ... ... [read post]
31 Mar 2019, 7:51 am
Chelak of the Pike County Court of Common Pleas granted a UIM carrier's Motion to Sever and Stay the Plaintiff's Bad Faith Claim From the Plaintiff's Breach of Contract Claim.The court relied upon Pa.R.C.P. 213(b), which grants the trial court power to bifurcate or sever matters, and ruled that severance was the most prudent action under the circumstances presented in this case. [read post]
25 Apr 2017, 5:00 am
The court also rejected the Plaintiff’s claims for bad faith under 42 Pa. [read post]
28 Jan 2019, 2:11 pm
No. 536, 2018 (Jan. 17, 2019), Delaware’s High Court provided the latest articulation of Delaware law on the multi-faceted doctrine of the implied covenant of good faith and fairing dealing. [read post]
7 Feb 2020, 5:08 pm
.) , the Pennsylvania Superior Court, in an unpublished decision addressed the issue of whether a claim of “institutional bad faith” states a valid private cause of action under Pennsylvania law.The court ruled that there was no such valid cause of action given that Pennsylvania bad faith law requires a focus on the case and the parties at hand, and not a carrier’s conduct towards other parties in general or its allegedly universal practices.The Superior… [read post]
22 Jun 2023, 6:00 am
“DOE” and the strong liability in this case, we will consider the failure to settle this matter as “Bad Faith” under the prevailing and applicable New York State and Federal Cases. [read post]
6 Sep 2016, 5:00 am
Here's a case to keep an eye on if you handle statutory bad faith litigation matters under 42 Pa.C.S.A. [read post]
1 May 2014, 6:00 am
In light of the liberal scope of federal discovery allowed, and the fact that the reason for non-payment may be probative on the issue of whether insurer acted in bad faith in the handling of the UIM claim, the objection was overruled.The court in this matter also noted that the UIM carrier could rely upon the work product doctrine to reject the plaintiff’s request for the unredacted production of the carrier’s entire claims file. [read post]
25 Apr 2018, 3:11 pm
Employers should be open to employee’s reasonable accommodation suggestions. [read post]
12 Sep 2007, 6:58 am
But the problem applies to both science's answer and equally to faith's answer. [read post]
29 Nov 2022, 10:24 am
Your lawyer can investigate the matter to establish whether the insurer has a valid reason or is just acting in bad faith. [read post]
2 Feb 2010, 3:34 pm
No misrepresentations by the carrier were found and it was indicated that the carrier moved the matter along to the arbitration in a prompt fashion.The court also rejected the Plaintiff's claim that the carrier's settlement offer was too low, especially when compared with the award that was eventually entered. [read post]
5 Jul 2017, 9:13 am
Oklahoma City, June 22 – The Supreme Court of Oklahoma has reversed summary judgment for State Farm Insurance in a bad faith claim brought by a third party to an insurance contract who bought the property in question from State Farm’s insured. [read post]
19 Nov 2013, 6:00 am
Conner denied a carrier’s Motion to Dismiss a bad faith claim under 42 Pa.C.S. [read post]
19 Sep 2016, 3:32 am
As a Tennessee case applying Delaware law, Wilford’s influence on a New York court’s consideration of the bad faith defense to LLC dissolution under New York’s LLC Law § 702 is only as great as its core rationale which, as it happens, aligns with the seed of the rationale planted by the New York Court of Appeals in Matter of Kemp & Beatley and the more fully developed articulation of the rationale… [read post]
