Date archive: October 2014

To Defend or Not Defend? Issues Surrounding the Decision of the Insurer to Defend the Insured

Summary: This case came before the federal court for the District of South Carolina upon motions to dismiss filed by Church Insurance Company of Vermont (CIC-VT) and The Church Insurance Company (CIC), and The Episcopal Church in South Carolina’s (TEC-SC) motion for summary judgment. CIC-VT issued an insurance policy (“Policy”) to TEC-SC. The Policy provided…

Missouri Punitive v. Aggravating Circumstances Damages

Linda Habibi’s blog post regarding the recent ruling in Lewellen v. Franklin, 2014 WL4425203 (Mo. banc September 9, 2014) is a departure from all prior posts to our Bad Faith Blog. However, that decision declaring unconstitutional Missouri’s statutory cap on punitive damages was sufficiently important to many of our regular readers to justify its posting….

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