Date archive: May 2016

Overall Good Faith Handling Precluded All Common Law and Most Statutory Bad Faith Contentions

Summary: American Standard’s overall good faith handling of passenger Wahlert’s UIM claim entitled it to summary judgment on the common law bad faith claim and most statutory bad faith contentions. However, its delay in offering to settle for its case valuation amount presented triable issues for a jury. Wahlert v. American Standard Insurance Company of…

Fact Issues Prevent Title Insurer from Meeting Hawaii’s Enhanced Standard of Good Faith

Summary:  Fidelity National defended its title insured, Anastasi, for several years before settling the quiet title action filed against him and paying his claim. In the bad faith action that followed, the trial court granted summary judgment which was vacated and remanded by the Intermediate Court of Appeals (ICA) which was in turn vacated and…

The Absence of Bad Faith Diminishes Potential Consequential Damages Award

Summary: Burgraff was injured when a Menard employee was loading Burgraff’s vehicle with materials purchased from Menard. Burgraff’s vehicle and trailer were insured by Millers First Insurance Company (Millers First). Menard was self-insured up to $500,000 and had an excess layer of $500,000 with CNA. During mediation Millers First agreed to settle Burgraff’s claim for…


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