Date archive: July 2016

Florida Insurer Required to Produce Its Attorneys’ Time and Billing Records to Prevailing Bad Faith Claim Insured

Summary: Kelly Paton was injured when her vehicle was struck by an underinsured driver (“UIM”). At the time, Paton was covered by an insurance policy issued by GEICO. GEICO failed to pay the full amount due under the UIM provision and Paton filed suit. Paton obtained a jury verdict in her favor on a breach…

Insured’s Repeated Refusal to Attend a Reasonably Requested IME Defeated His Bad Faith Claim

Summary: The insured filed suit against his insurer for breach of contract and bad faith after repeatedly failing to attend an independent medical examination (“IME”) scheduled by his insurer. On appeal, the Third Circuit held the insured materially breached the insurance contract by failing to appear for the IME. The court further held the insurer…

Material Misrepresentations Voiding Policy Bars Bad Faith Claim

Summary: The insureds filed suit against their insurer for breach of contract and bad faith after their insurer denied their claim for a stolen boat and trailer. On appeal, the court held the policy was void due to a material misrepresentation on the application. Because there was no policy in force, there was no claim…

In New York, Breach of Duty of Implied Covenant of Good Faith and Fair Dealing and Breach of Contract Are Distinct Causes of Action

Summary:  The plaintiff was injured while operating a vehicle insured by GEICO. The plaintiff obtained the policy limits from the tortfeasor’s insurer and then made a claim under the SUM endorsement of the GEICO policy.  GEICO denied the claim, and the plaintiff alleged GEICO unreasonably refused payment. Gutierrez v. Government Empls. Ins. Co. The plaintiff…

Texas Healthcare Insurance Administrator Not Subject to Statutory Penalties for Alleged Delayed Claims Payments

Summary:  The plaintiff healthcare insurance administrator acts in various roles including administering some plans that expressly assume the risk of medical costs and establish their own benefit plans, including employer self-funded plans, state government plans, and claims arising under the BlueCard program allowing out-of-state patients to obtain care in Texas. Plaintiff also services benefit plans…

Ninth Circuit Affirms Zero-Dollar Verdict in Favor of Insured

Summary: After its insured, Lawrence Saks, wrongfully obtained disability benefits under his insurance policy, National Life Insurance Company sued Saks for fraud. Saks counterclaimed with a claim for breach of good faith and fair dealing. At trial, the jury returned a verdict in favor of National Life on its fraud claim and a zero-dollar verdict…

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