Date archive: February 2016

Class Rep’s Individual Bad Faith Claim Doesn’t Bar Injunctive and Declaratory Relief Class

Summary: Kent Roose was severely injured in an auto crash in 2007. The liability carrier for the negligent driver and the driver’s estate paid sums to settle the case Roose filed, but his extensive medical expenses were insufficient to pay his more than $300,000 in medical expenses. His group health plan had an exclusion providing…

Predominant Individualized Damages Issues Require Decertification of Bad Faith PIP Benefits Class Action

Summary: Plaintiffs sued GEICO alleging it used arbitrary computer “rules” to determine personal injury protection (“PIP”) payments when a Delaware statute required GEICO to pay “reasonable and necessary” PIP benefits. The court initially certified classes to pursue counts for bad faith breach of contract, breach of the duty of good faith and fair dealing, and…

Judge’s Pre-Election Conduct Settling PIP and Bad Faith Claims Warranted Removal from Office

Summary: The Supreme Court of Florida approved the Florida Judicial Qualifications Commission’s (“Commission”) Findings and Recommendations that a trial judge’s pre-election violations of professional ethics rules warranted her removal from office. As an attorney, Laura M. Watson entered into a complex agreement with a group of attorneys who were going to assert personal injury protection…

New York Has No Independent Bad Faith Tort

Summary: Aaron Cohen (Cohen) was injured while working for UPI while operating a mixing machine. Cohen filed suit against UPI, Hastings Development (“Hastings”), and other defendants. Hastings filed a declaratory judgment and bad faith case in federal court after Evanston Insurance Company (“Evanston”) denied coverage under the Employers Liability Exclusion and reserved its rights under…

Bad Faith Claims Are Not Covered by Re-Insurance

United States Fidelity & Guaranty Company (USF&G) sued its re-insurers, including American Re-Insurance Company, seeking to recover “a share of the nearly billion dollars it paid in settling asbestos claims.” An earlier summary judgment motion had been appealed to, ruled upon, and remanded by the highest court in New York after finding a fact issue…

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