Date archive: June 2017

USSC Outlines Inherent Authority Sanctions Test for Bad Faith Conduct

Summary: The Haeger family sued Goodyear alleging the failure of a Goodyear tire caused the family’s motor home to leave the road and flip over. After the case was settled and dismissed, the Haegers’ lawyers learned that Goodyear had withheld testing data. The Haegers then sought attorney’s fees and costs as sanctions for the discovery…

Virginia Insurers Owe No Pre-Judgment Duty To Evaluate, Adjust And Settle UM Claims

Summary: Manu, a GEICO insured, filed suit against his uninsured  motorist (UM) insurance carrier to recover for statutory bad faith failure to pay the UM policy limit until after the insured obtained a judgment against the uninsured tort-feasor. The insured’s bad faith claim was dismissed. The Supreme Court of Virginia affirmed the dismissal finding the…

Fraud and Collusion Defeat Logger’s Attempt to Enforce West Virginia Consent Judgment

Summary: Injured logger, as an assignee of claims by a timber lessee and land owner, brought an action against his employer’s liability insurer to recover a consent judgment for the $1M policy limits. After the trial court entered summary judgment in favor of the logger, the employer’s insurer appealed. The Supreme Court of Appeals of…

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