Date archive: July 2015

Non-compliance with Iowa’s Workers’ Compensation Rules Defeats Bad Faith Workers’ Compensation Claim

Summary: Spencer, a truck driver employed by Annett Holdings, was injured on the job. He filed suit against Annett making several bad faith claims, including failure to pay medical bills, delaying necessary medical care, and delaying healing period benefits. The district court dismissed the action for failing to present a submissible case, which the 8th…

Curing the Title Defect Through Litigation Defeated Bad Faith Claims

Summary:  DAFCO, LLC, the insured, filed suit against Stewart alleging bad faith. The Supreme Court of Idaho affirmed the Idaho District Court’s granting of Stewart’s Motion for Summary Judgment for fulfilling its contractual duties in good faith while also denying DAFCO’s motion to file an amended complaint to add multiple claims, including an amended breach…

Supreme Court of Hawaii: Excess Insurers Can Pursue Bad Faith Claim Against Primary Insurers

Summary:  The Hawaii Supreme Court held that an excess insurance company can pursue an equitable subrogation bad faith cause of action against a primary insurer which had in bad faith failed to settle a claim within the primary policy limits. St. Paul Fire & Marine Ins. Co. v. Liberty Mutual Ins. Co. Liberty Mutual Insurance…

Attorney-Client Privilege Survives in South Dakota

Summary: Andrews had a compensable work-related injury while working as a gold polisher for Ridco. Andrews sued Twin City Fire Insurance Co. (“Twin City”) and Ridco for the alleged bad faith handling of his worker’s compensation claim. During the course of that case, the circuit court ordered unredacted materials produced from nearly 200 claim files…

The Lack of Coverage Bars Common Law and Statutory Bad Faith Claims

Summary: Cincinnati Insurance concluded that it had no duty to defend tenant Moon for a child’s drowning death in a swimming pool while Moon was babysitting the child. The Northern District of Georgia agreed with Cincinnati and the 11th Circuit Court of Appeals affirmed. Moon v. Cincinnati Insurance Company The Moons were tenants at property…

Montana Supreme Court Reverses to Allow Insurer to Intervene and Challenge Reasonableness

Summary: A landowner brought an action against the general contractor and subcontractors involving the construction of a home. General contractor’s insurer moved to intervene to challenge reasonableness of a $12M Judgment to which contractor confessed judgment. The lower court entered Judgment in favor of general contractor. The insurer appealed arguing it had a right to…

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