Date archive: September 2011

California State Pleading Rules Don’t Govern in California Federal Court, but What About Twombly and Iqbal?

Summary: Bruce Rodgers was driving a company car when he was involved in an accident which injured his passenger.  After his passenger sued him, the defense was tendered to Greenwich which defended under a reservation of rights before filing a declaratory judgment action.  Rodgers counterclaimed for breach of contract and breach of the covenant of…

Nevada Mother Lies and Loses

Summary: A Nevada mother applied for health insurance coverage on behalf of her four-year-old daughter.  About two weeks later, the daughter was seen by a doctor who diagnosed sexual precocity, made a referral to a specialist, and ordered tests and x-rays.  A week thereafter, an underwriting interview was conducted and the mother failed to reveal…

Almost Getting It Right Does Not Foreclose a Bad Faith Suit in Colorado

Summary: American Family insured the Dunns who had sewer and water backup flooding in their basement.  That flooding led to a mold build up and them vacating the house.  The vacant and unheated house during a Colorado winter resulted in water pipes freezing and breaking.  Despite a payment of the full policy limits, the Dunns…

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