Date archive: March 2011

Aggressive Discovery Tactics Support Fraud Claim Against Property Insurer

Summary:  Insured owners of a shopping mall brought a fraud claim against CGL Insurer after the insurer denied coverage and filed a declaratory judgment suit in which they aggressively went after the insured. General Ins. Co. of America v. Clark Mall Corp.,738 Fed. Supp.2d 864 (N.D. IL 2010) General Ins. Co. of America (“GICA”) filed…

Fire Insurer’s Full and Fair Investigation Defeats First Party Bad Faith Claim

Morse v. State Farm Fire & Cas. Co., 733 F.Supp.2d 1065 (S.D. Iowa 2010) The fire department concluded that the fire’s cause was electrical.  State Farm’s fire investigator, backed up by an engineer and a forensic lab, concluded that the fire was intentionally set.  Before a jury ruled who was right, the Iowa federal judge…

Court Takes Insurer’s Side When Coverage Defense is Bona Fide

West Bend Mut. Ins. v. Norton, 940 N.E.2d 1176 (Ill. App. 3 Dist. 2010) An Illinois Appellate Court recently upheld summary judgment in favor of an insurer on the insured’s vexatious refusal to settle claim.  The insured driver, Wanda Norton, was involved in a vehicle collision with Karyn Patterson.  Norton was insured by West Bend…

Bad Faith is Almost Always a Question of Fact

Summary: It is a question of fact as to whether an insurer who has a duty to investigate is guilty of bad faith when it asks insured to tell it if facts change such that it is exposed. Columbia Casualty v. Gordon Trucking, Inc. Gordon Trucking operated a vehicle that was involved in a serious…

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