Date archive: August 2014

Montana Supreme Court Rules State Farm Did Not Act in Bad Faith Because it had a Reasonable Basis to Refuse Settlement Offer

Summary: Automobile insurer filed suit seeking declaratory judgment that “Limits of Liability” for “Each Person” limited coverage on derivative claims brought by passenger’s daughter for passenger’s death as a result of a car accident caused by insured’s negligence to $50,000 limit that had already been paid to passenger’s estate.  The insured and personal representative of…

Carrier’s Challenges to Workers’ Comp Benefits 30 Years After Injury Lead to Bad Faith Penalties

Summary:  Harris’ 1976 work-related motor vehicle accident left him a paraplegic which resulted in multiple medical complications. Thirty-one years after the accident, the workers’ compensation carrier challenged (controverted) some aspects of his medical care and required him to submit to an independent medical evaluation. The Alaska Worker’s Compensation Board ruled that several of those controversions…

Shaky Shake Roof Claim

Summary: Mr. and Mrs. Wright purchased a home in an exclusive golf club development and purchased homeowners’ coverage from State Farm. The home’s roof was damaged by a storm and had to be fully replaced as a result of the homeowner’s association’s restrictive covenants. After State Farm only paid for the repairs to the roof,…

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