Date archive: October 2016

Against Public Policy But Not Vexatious and Unreasonable

Summary: The Hadarys were involved in an automobile accident with Carlos Velez, a rental car driver. Both the Hadarys and Velez had automobile insurance at the time of the accident. Velez declined to purchase the supplemental liability insurance offered by Hertz at the time of the rental, and his insurance policy limit was too low…

Insurer Not Liable For Bad Faith Where No Payment Was Obligated Under The Terms Of The Insurance Contract

Summary:  In Davis, the Texas Court of Appeals affirmed that no breach occurred when the insurer denied a claim that the jury ultimately found did not exceed the insured’s deductible. Without a breach, no “extra-contractual claims” could exist, including for bad faith. Davis v National Lloyds Insurance Company Davis, the insured, purchased a building in…

Insurer’s Failure to Reassess Value of Claim Results in Bad Faith

Summary: Bamford filed suit against Regent to recover for bad faith after Regent refused to settle a car accident case within its $6 million policy limit leading to an adverse verdict and judgment for $10.6 million. At trial in the bad faith case, the jury awarded the Bamford approximately $2 million. On appeal, the court…

Wisconsin Supreme Court: When Subrogating Insurers Aren’t Required to Make Insureds Whole

Summary: Dufour, a motorcyclist insured by Dairyland Insurance Company, was seriously injured while riding his motorcycle, collected full policy limits from the tortfeasor for his bodily injuries and full property damage (PD) and underinsured (UIM) bodily injury (BI) limits from Dairyland, and then sued Dairyland for bad faith when it refused to pay him the…

Florida Jury’s Verdict 130 Times the Policy Limits, But No Bad Faith

Summary: Liberty Insurance insured Lisa Mottsey had loaned her car to her daughter who in turn let her boyfriend drive. While driving down a county road Mottsey’s car was passed by Zisa driving at a “reasonable speed.” Zisa struck three pedestrians walking side-by-side down a dark county road wearing dark clothes without any illumination resulting…

Range of Valuations Support Bad Faith Summary Judgment for Insurer

Summary: State Farm issued an uninsured motorist policy to Enrique with a $100,000 limit. Enrique was injured in an auto accident, sought UM benefits and also sought to recover bad faith damages. The bad faith portion of the case was stayed pending resolution of the UM claim which resulted in a jury verdict awarding $260,000….

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