Date archive: September 2016

Proper Brandt Fees Usage to Calculate Punitive Damages in California Bad Faith Cases

Summary: Stonebridge Life provided hospital indemnity coverage to Nickerson who was hospitalized for 109 days after a severe leg fracture. The trial court directed a verdict for Nickerson on the breach of contract claim, entered judgment on the jury verdict for breach of the implied covenant of good faith and fair dealing, and imposed a…

Montana UTPA Claim Properly Dismissed

Summary: Ibsen, Inc., the owner and operator of an urgent care medical clinic filed a four count complaint against a health insurance company, Caring For Montanans, and others, alleging violations of Montana’s Unfair Trade Practices Act (UTPA) and alleged common law counts for breach of fiduciary duty, breach of contract, and unjust enrichment. The Montana…

Check Out A.M. Best Insurance Law Podcast Featuring Aaron French and Phil Graham Discussing Missouri Bad Faith Law

Summary: A.M. Best and Best’s Recommended Insurance Attorneys and Adjusters has released the latest installment of the Insurance Law Podcast, a series that examines timely insurance issues from an attorney’s point of view. We explain why Missouri is quickly becoming known as a risky state for insurers handling third-party claims and details carriers’ options in…

Delaware Bad Faith Claims Accrue When Excess Judgment Becomes Final and Unappealable

Summary: State Farm rejected an injured car driver’s $35,000 offer to settle against State Farm’s insured who admitted negligence. The trial resulted in a judgment for nearly $225,000, well above the $100,000 per person limit. The Delaware trial court dismissed the resulting bad faith claim on statute of limitations grounds, relying on an earlier unpublished…

Colorado Supreme Court Vacates Bad Faith Verdict

Summary: A serious injury construction accident resulted in the general contractor seeking indemnity from its subcontractor, Stresscon. When Travelers did not settle the general contractor’s claim, Stresscon settled and then sued Travelers for bad faith. The Colorado trial court entered judgment on the bad faith jury verdict against Travelers, the Court of Appeals affirmed, but…

Iowa Rule: First-Party Bad Faith Claim Barred Because Not Brought With Breach of Contract Suit Against Insurer

Summary: The insured made significant improvements to its building, thereby increasing building’s value.  Insurer made initial payments to insured under building, personal property and business income coverages. After substantial negotiations between insurer and insured’s counsel, insured filed breach of contract action against insurer.  Insured won at trial, and insurer paid the judgment and interest and…

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