Date archive: November 2017

Insurer’s Conduct Created Issues of Fact as to Non-Party’s Right to Bring Bad Faith Claim

Summary: The Oklahoma Supreme Court held that whether a property owner under a contract for deed is owed a duty of good faith and fair dealing by an insurer of previous owner’s insurance policy is a question of fact. Hensley v. State Farm Fire and Casualty Company, 398 P.3d 11 (Ok. 2017) State Farm Fire…

Insurer’s Conduct in Investigating and Settling Claim against Insured Did Not Constitute Bad Faith

Summary: The West Virginia Supreme Court of Appeals found an insurer, who defended and settled claims brought by downhill homeowners against its insured, a residential construction company, was not liable for first party common law bad faith or statutory bad faith as a matter of law. State ex rel. State Auto Property Insurance Companies v….

South Dakota Provides Remedy for Deceit by Insurer

Summary: Charter Oak Insurance was punished for willfully deceiving a claimant about coverage for her UIM claim. Defendant Charter Oak was the commercial insurer of Billion Empire Motors, an auto dealership in South Dakota.  Billion loaned a car to Peterson who had an accident that severely injured her passenger, Dziadek.  Peterson had $100,000 worth of…

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