http://www.lexisnexis.com/mealeys/news.aspx Headline Insurance Bad Faith Legal News from LexisNexis® en-us http://www.lexisnexis.com/mealeys/images/lexismealeyslogo.gif 130 29 http://www.lexisnexis.com/mealeys/news.aspx Copyright 2020 http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=33-19%20Mealey%27s%20Litig.%20Rep.%20Ins.%20Bad%20Faith%201%20(2020)&view=full&ORIGINATION_CODE=00144 target='_blank' DENVER - A federal magistrate judge in Colorado on Jan. 24 ruled that summary judgment in an insurance breach of contract and bad faith lawsuit is not warranted because it would be more appropriate for a jury to determine whether an insurer acted reasonably in its handling of an automobile insurance coverage claim for underinsured motorist (UIM) benefits (Suzanne S. Matson v. GEICO Casualty Co., No. 19-1090, D. Colo., 2020 U.S. Dist. LEXIS 11847). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=33-19%20Mealey%27s%20Litig.%20Rep.%20Ins.%20Bad%20Faith%202%20(2020)&view=full&ORIGINATION_CODE=00144 target='_blank' SEATTLE - A Washington federal judge on Jan. 28 granted an auto insurer's motion to dismiss extracontractual claims alleged by an insured after determining that the claims are clearly barred by the applicable limitations periods (Manuel Gonzales Jr., v. Allstate Insurance Co., No. 19-5569, W.D. Wash., 2020 U.S. Dist. LEXIS 14165). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=33-19%20Mealey%27s%20Litig.%20Rep.%20Ins.%20Bad%20Faith%203%20(2020)&view=full&ORIGINATION_CODE=00144 target='_blank' ANCHORAGE, Alaska - A federal judge in Alaska on Jan. 24 granted an insurer's motion to bifurcate a plaintiff's underinsured/uninsured motorist (UIM) claim in a breach of contract and bad faith lawsuit from her bad faith claims at trial, ruling that the parties then must try the plaintiffs' bad faith claims before the same jury (Anastasia Tanner v. State Farm Mutual Automobile Insurance Co., No. 19-0253, D. Alaska, 2020 U.S. Dist. LEXIS 11767). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=33-19%20Mealey%27s%20Litig.%20Rep.%20Ins.%20Bad%20Faith%204%20(2020)&view=full&ORIGINATION_CODE=00144 target='_blank' ALBUQUERQUE, N.M. - A New Mexico federal magistrate judge on Jan. 27 denied an auto insurer's motion to bifurcate and stay discovery of an insured's extracontractual claims after determining that bifurcation is not warranted because discovery related to the coverage issue and the extracontractual claims overlaps and because bifurcation is not judicially efficient (Lupe Anaya v. State Farm Mutual Automobile Insurance Co., No. 19-355, D. N.M., 2020 U.S. Dist. LEXIS 12852). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=33-19%20Mealey%27s%20Litig.%20Rep.%20Ins.%20Bad%20Faith%205%20(2020)&view=full&ORIGINATION_CODE=00144 target='_blank' DENVER - A Colorado federal judge on Jan. 23 granted an auto insurer's motion for summary judgment on an insured's bad faith claims after determining that the insured failed to provide facts in support of her contention that the insurer acted unreasonably in handling her claim for underinsured motorist benefits (Bethany Anderson v. American National Property and Casualty Co., No. 17-3016, D. Colo., 2020 U.S. Dist. LEXIS 12440). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=33-19%20Mealey%27s%20Litig.%20Rep.%20Ins.%20Bad%20Faith%206%20(2020)&view=full&ORIGINATION_CODE=00144 target='_blank' BROOKLYN, N.Y. - A New York federal magistrate judge on Jan. 30 recommended that an insured homeowners' breach of contract and bad faith complaint be dismissed because the insured failed to file suit within the policy's two-year limitations provision (Shahzad Nawaz v. State Farm Fire & Casualty Co., No. 19-1727, E.D. N.Y., 2020 U.S. Dist. LEXIS 16361). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=33-19%20Mealey%27s%20Litig.%20Rep.%20Ins.%20Bad%20Faith%207%20(2020)&view=full&ORIGINATION_CODE=00144 target='_blank' LOS ANGELES - Plaintiffs in an insurance breach of contract and bad faith lawsuit forfeited their right to benefits under the terms of a homeowners insurance policy because they were required, but declined to submit to evaluations under oath (EUOs) as part of an investigation into a claim for benefits under the policy after a home fire, a California appeals panel ruled Jan. 29 (Luis Estrada, et al. v. State Farm General Insurance Co., No. B293962, Calif. App., 2nd Dist., Div. 2, 2020 Cal. App. Unpub. LEXIS 648). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=33-19%20Mealey%27s%20Litig.%20Rep.%20Ins.%20Bad%20Faith%208%20(2020)&view=full&ORIGINATION_CODE=00144 target='_blank' NEW HAVEN, Conn. - A Connecticut federal judge on Jan. 30 denied a motion to alter a judgment dismissing a breach of contract and bad faith suit filed against a homeowners insurer because recent developments in Connecticut law regarding coverage under collapse provisions for the deterioration of the foundation walls as a result of the use of defective concrete do not support a finding that coverage is owed to the insureds (Marianne Gilmore, et al. v. Teachers Insurance Co., No. 18-1856, D. Conn., 2020 U.S. Dist. LEXIS 14548). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=33-19%20Mealey%27s%20Litig.%20Rep.%20Ins.%20Bad%20Faith%209%20(2020)&view=full&ORIGINATION_CODE=00144 target='_blank' RICHMOND, Va. - The Fourth Circuit U.S. Court of Appeals on Feb. 5 affirmed a district court's dismissal of an insured's breach of contract and bad faith suit against a life insurer after determining that the life insurer did not breach its contract by increasing the policy premiums (William Hancock Sr. v. Americo Financial Life and Annuity Insurance Co., et al., No. 19-1374, 4th Cir., 2020 U.S. App. LEXIS 3482). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=33-19%20Mealey%27s%20Litig.%20Rep.%20Ins.%20Bad%20Faith%2010%20(2020)&view=full&ORIGINATION_CODE=00144 target='_blank' SAN DIEGO - A federal judge in California on Feb. 3 ruled that a beneficiary is not entitled to conduct discovery to determine whether an insurer acted in bad faith when it decided not to apply statutes under the California Insurance Code to a pair of life insurance policies it deemed had lapsed (Sarah Aislinn Flynn Thomas v. State Farm Insurance Co., No. 18-728, S.D. Calif., 2020 U.S. Dist. LEXIS 17147). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=33-19%20Mealey%27s%20Litig.%20Rep.%20Ins.%20Bad%20Faith%2011%20(2020)&view=full&ORIGINATION_CODE=00144 target='_blank' SEATTLE - A breach of contract and bad faith suit filed against a long-term care insurer must be remanded to Washington state court because the insurer failed to meet its burden of proving that the amount in controversy exceeds the federal jurisdictional minimum requirement of $75,000, a Washington federal judge said Jan. 28 (Ken Kido, et al. v. Transamerica Life Insurance Co., No. 19-1858, W.D. Wash., 2020 U.S. Dist. LEXIS 14168). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=33-19%20Mealey%27s%20Litig.%20Rep.%20Ins.%20Bad%20Faith%2012%20(2020)&view=full&ORIGINATION_CODE=00144 target='_blank' NEW YORK - A federal judge in New York on Jan. 31 granted a financial services company insured's cross-motion for summary judgment as to its breach of contract claim in its lawsuit seeking indemnity for an underlying settlement arising from alleged "spoof emails" that resulted in a $5.9 million fraudulent wire transfer, but ruled in favor of the insurer as to a bad faith claim (SS&C Technology Holdings, Inc. v. AIG Specialty Insurance Company, No. 19-07859, S.D. N.Y., 2020 U.S. Dist. LEXIS 17201). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=33-19%20Mealey%27s%20Litig.%20Rep.%20Ins.%20Bad%20Faith%2013%20(2020)&view=full&ORIGINATION_CODE=00144 target='_blank' BATON ROUGE, La. - A Louisiana federal magistrate judge on Jan. 28 ordered an insurer to turn over reinsurance information he found to be relevant to an insured's bad faith coverage dispute over property damage sustained from Hurricane Maria (Lamar Advertising Co. v. Zurich American Insurance Co., No. 18-1060, M.D. La., 2020 U.S. Dist. LEXIS 13891). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=33-19%20Mealey%27s%20Litig.%20Rep.%20Ins.%20Bad%20Faith%2014%20(2020)&view=full&ORIGINATION_CODE=00144 target='_blank' BOSTON - A Cayman Islands captive insurance company sued an underwriting management organization on Jan. 29 in a Massachusetts federal court, alleging fraudulent concealment and intention concerning the binding of a medical stop loss excess reinsurance contract (Wellforce Indemnity Company Ltd. v. Starline USA, LLC, No. 20cv10173, D. Mass.). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=33-19%20Mealey%27s%20Litig.%20Rep.%20Ins.%20Bad%20Faith%2015%20(2020)&view=full&ORIGINATION_CODE=00144 target='_blank' PHOENIX - An Arizona federal judge on Feb. 3 determined that questions of fact exist as to whether a disability claimant is able to perform the material duties of a clinical anesthesiologist and whether the disability insurer's handling of the disability claim constitutes bad faith (Thomas Scott Wood v. Provident Life and Accident Insurance Co., No. 17-2330, D. Ariz., 2020 U.S. Dist. LEXIS 19057). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=33-18%20Mealey%27s%20Litig.%20Rep.%20Ins.%20Bad%20Faith%201%20(2020)&view=full&ORIGINATION_CODE=00144 target='_blank' ALBUQUERQUE, N.M. - An auto insurer did not breach its contract or act in bad faith by denying its insureds' claim for uninsured motorist (UM) coverage following the theft of their vehicles because the policy clearly excluded UM coverage for stolen vehicles, a New Mexico federal judge said Jan. 6 (Laurent Dockery, et al. v. Allstate Insurance Co., No. 19-190, D. N.M., 2020 U.S. Dist. LEXIS 2166). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=33-18%20Mealey%27s%20Litig.%20Rep.%20Ins.%20Bad%20Faith%202%20(2020)&view=full&ORIGINATION_CODE=00144 target='_blank' CLEVELAND - An Ohio federal judge on Jan. 14 determined that coverage for a car accident caused by an unknown tortfeasor is afforded under an auto policy's uninsured motorist provision; however, the judge said the insureds' claim for bad faith against the auto insurer cannot stand because the insurer had a reasonable basis to deny coverage based on the information it had at the time it made the coverage decision (Amos Baldwin, et al. v. Allstate Fire and Casualty Insurance Co., No. 18-1078, N.D. Ohio, 2020 U.S. Dist. LEXIS 6147). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=33-18%20Mealey%27s%20Litig.%20Rep.%20Ins.%20Bad%20Faith%203%20(2020)&view=full&ORIGINATION_CODE=00144 target='_blank' ANCHORAGE, Alaska - An Alaska federal judge on Jan. 22 granted an auto insurer's motion to bifurcate a bad faith claim for trial but denied the insurer's motion to bifurcate discovery on the bad faith claim after determining that the insured is entitled to conduct discovery on the bad faith claim as long as the bad faith claim remains as part of the suit (Julia Thogmartin v. State Farm Mutual Automobile Insurance Co., No. 19-252, D. Alaska, 2020 U.S. Dist. LEXIS 11631). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=33-18%20Mealey%27s%20Litig.%20Rep.%20Ins.%20Bad%20Faith%204%20(2020)&view=full&ORIGINATION_CODE=00144 target='_blank' ALBUQUERQUE, N.M. - A New Mexico federal judge on Jan. 10 stayed an insured's suit alleging that an auto insurer acted in bad faith after determining that a stay is warranted until the New Mexico Supreme Court answers a certified question in a similar suit regarding uninsured and underinsured motorist coverage in policies issued in New Mexico (Helen Bhasker v. Financial Indemnity Co., No. 17-260, D. N.M., 2020 U.S. Dist. LEXIS 4716). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=33-18%20Mealey%27s%20Litig.%20Rep.%20Ins.%20Bad%20Faith%205%20(2020)&view=full&ORIGINATION_CODE=00144 target='_blank' ORLANDO, Fla. - A Florida federal judge on Jan. 22 dismissed an insured's claim seeking a declaration that an auto insurer had a nondelegable duty to settle a claim against the insured after determining that the claim seeks an advisory opinion and is duplicative of the insured's bad faith claim (Penny Christine Hitchcock v. USAA Casualty Insurance Co., No. 18-1986, M.D. Fla., 2020 U.S. Dist. LEXIS 10459). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=33-18%20Mealey%27s%20Litig.%20Rep.%20Ins.%20Bad%20Faith%206%20(2020)&view=full&ORIGINATION_CODE=00144 target='_blank' MIAMI - An insurer did not breach its contract or act in bad faith by failing to specifically disclose that an insured's personal injury protection policy (PIP) included mileage reimbursement for medical visits, a Florida federal judge said Jan. 17 in dismissing the insured's complaint with prejudice (Christine Forde v. Allstate Fire and Casualty Insurance Co., No. 19-62536, S.D. Fla., 2020 U.S. Dist. LEXIS 9418). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=33-18%20Mealey%27s%20Litig.%20Rep.%20Ins.%20Bad%20Faith%207%20(2020)&view=full&ORIGINATION_CODE=00144 target='_blank' ALBUQUERQUE, N.M. - A New Mexico federal judge on Jan. 10 remanded a bad faith suit filed against an auto insurer that denied an insured's uninsured motorist claim after determining that the insurer failed to prove that the amount in controversy exceeds the federal jurisdictional minimum requirement of $75,000 (Ismael Acosta Yanez v. State Farm Fire and Casualty Co., No. 19-546, D. N.M., 2020 U.S. Dist. LEXIS 4384). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=33-18%20Mealey%27s%20Litig.%20Rep.%20Ins.%20Bad%20Faith%208%20(2020)&view=full&ORIGINATION_CODE=00144 target='_blank' PHOENIX - A business auto insurer owes no coverage under its policy for an accident that injured a woman who was part of a tour group visiting the western United States because the woman was not occupying the tour bus at the time of the accident as required by the policy, an Arizona federal judge said Jan. 17 in granting the insurer's motion for summary judgment on breach of contract and bad faith claims (Sandrine Mounier, et al. v. RLI Corp., et al., No. 19-1778, D. Ariz., 2020 U.S. Dist. LEXIS 8288). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=33-18%20Mealey%27s%20Litig.%20Rep.%20Ins.%20Bad%20Faith%209%20(2020)&view=full&ORIGINATION_CODE=00144 target='_blank' PORTLAND, Ore. - Claims alleging breach of contract and bad faith against a life insurer can proceed, an Oregon federal judge said Jan. 10 after determining that the insured sufficiently alleged facts to support the claims arising out of the life insurer's alleged mistake in issuing a loan to the insured based on what the insurer believed was the value of her life insurance policy (Kathleen Tibbets v. Athene Annuity & Life Assurance Company of New York, No. 19-796, D. Ore., 2020 U.S. Dist. LEXIS 4488). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=33-18%20Mealey%27s%20Litig.%20Rep.%20Ins.%20Bad%20Faith%2010%20(2020)&view=full&ORIGINATION_CODE=00144 target='_blank' MEMPHIS, Tenn. - An insurer breached its contract and acted in bad faith by refusing to defend and indemnify two additional insureds named as defendants in a personal injury suit stemming from an electric shock that occurred while an employee was setting up amusement rides at a fair, the insurer of the additional insureds claims in a Jan. 17 complaint filed in Tennessee federal court (Liberty Corporate Capital Ltd. v. Ace American Insurance Co., No. 20-2038, W.D. Tenn.). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=33-18%20Mealey%27s%20Litig.%20Rep.%20Ins.%20Bad%20Faith%2011%20(2020)&view=full&ORIGINATION_CODE=00144 target='_blank' CHARLESTON, W.Va. - Plaintiffs who are not named as insureds on a business property insurance policy cannot bring claims for breach of contract and bad faith against the insurer of a building that was destroyed by fire even if they have an insurable interest in the property, a West Virginia federal judge said Jan. 10 in granting the insurer's motion for summary judgment (Mid-State Automotive Inc., et al. v. Harco National Insurance Co., No. 19-407, S.D. W.Va., 2020 U.S. Dist. LEXIS 4470). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=33-18%20Mealey%27s%20Litig.%20Rep.%20Ins.%20Bad%20Faith%2012%20(2020)&view=full&ORIGINATION_CODE=00144 target='_blank' AUSTIN, Texas - An insured recently asked the Texas Supreme Court to reverse a lower court's ruling in favor of its commercial property insurer on its claims for bad faith and under Texas' Prompt Payment of Claims Act (PPCA) arising from wind and hail property damage (Steven Biasatti, et al. v. GuideOne National Insurance Company, et al., No. 18-0911, Texas Sup.). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=33-18%20Mealey%27s%20Litig.%20Rep.%20Ins.%20Bad%20Faith%2013%20(2020)&view=full&ORIGINATION_CODE=00144 target='_blank' SEATTLE - While an insurance policy's one-year suit limitation clause precludes a condominium association from suing its insurer for breach of contract, a Washington appeals panel held Jan. 13 that the clause does not bar the association's extracontractual claims under the Washington Insurance Fair Conduct Act (IFCA) and the Washington Consumer Protection Act (CPA) (West Beach Condominium v. Commonwealth Insurance Company of America, No. 79676-3-I, Wash. App., Div. 1, 2020 Wash. App. LEXIS 58). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=33-18%20Mealey%27s%20Litig.%20Rep.%20Ins.%20Bad%20Faith%2014%20(2020)&view=full&ORIGINATION_CODE=00144 target='_blank' ATLANTA - An insurer says in a Jan. 10 reply brief to the 11th Circuit U.S. Court of Appeals that a district court should have compelled arbitration in Hong Kong to resolve a claim for bad faith in failing to settle a lawsuit seeking damages for injuries that occurred during a cruise ship excursion (Lynn McCullough, et al. v. AIG Insurance Hong Kong Ltd., No. 19-12100, 11th Cir.). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=33-18%20Mealey%27s%20Litig.%20Rep.%20Ins.%20Bad%20Faith%2015%20(2020)&view=full&ORIGINATION_CODE=00144 target='_blank' SCRANTON, Pa. - A Pennsylvania federal judge on Jan. 13 denied a disability income insurer's motion for partial summary judgment on a bad faith claim because the insured provided sufficient evidence from which a jury could find that the insurer acted in bad faith in denying the claim for disability income benefits (Joseph D. Dileo v. Federated Life Insurance Co., No. 18-628, M.D. Pa., 2020 U.S. Dist. LEXIS 5003). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=33-18%20Mealey%27s%20Litig.%20Rep.%20Ins.%20Bad%20Faith%2016%20(2020)&view=full&ORIGINATION_CODE=00144 target='_blank' MCALLEN, Texas - A federal judge in Texas on Jan. 21 dismissed an insured's breach of contract and bad faith claims against his homeowners insurer in a coverage dispute over wind and hail property damage but allowed the insured's claim under the Texas Prompt Payment of Claims Act (PPCA) to remain (Fred Lopez v. Allstate Texas Lloyds, No. 18-260, S.D. Texas, 2020 U.S. Dist. LEXIS 9390). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=33-18%20Mealey%27s%20Litig.%20Rep.%20Ins.%20Bad%20Faith%2017%20(2020)&view=full&ORIGINATION_CODE=00144 target='_blank' BROOKLYN, N.Y. - Breach of contract and bad faith claims alleged against a homeowners insurer following a dispute over coverage for water damages must be dismissed because the insureds failed to file suit within two years of the loss as required by the policy's limitations provision, a New York federal judge said Jan. 22 (Mildred Guy, et al. v. The Automobile Insurance Company of Hartford Connecticut, et al., No. 18-2620, E.D. N.Y., 2020 U.S. Dist. LEXIS 10701). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=33-17%20Mealey%27s%20Litig.%20Rep.%20Ins.%20Bad%20Faith%201%20(2020)&view=full&ORIGINATION_CODE=00144 target='_blank' DENVER - A district court's decision to instruct a jury that a bad faith claim in an auto coverage dispute was dependent upon a finding of breach of contract was not made in error, the 10th Circuit U.S. Court of Appeals said Jan. 7, noting that the insured's assignee attempted to alter the bad faith theory after the district court entered its final pretrial order (Luzetta Murphy-Sims v. Owners Insurance Co., No. 18-1392, 10th Cir., 2020 U.S. App. LEXIS 333). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=33-17%20Mealey%27s%20Litig.%20Rep.%20Ins.%20Bad%20Faith%202%20(2020)&view=full&ORIGINATION_CODE=00144 target='_blank' SIOUX FALLS, S.D - Although opining that insureds' evidence of bad faith against their automobile insurance provider is "thin," a federal judge in North Dakota on Dec. 12 ruled that he would defer determining whether summary judgment should be granted on the claim until he received further information from counsel as to whether such action is warranted as a matter of law (Robin Wiebers, et al. v. Farmers Mutual Hail Insurance Company of Iowa, No. 17-4126, D. S.D., 2019 U.S. Dist. LEXIS 214374). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=33-17%20Mealey%27s%20Litig.%20Rep.%20Ins.%20Bad%20Faith%203%20(2020)&view=full&ORIGINATION_CODE=00144 target='_blank' LAS VEGAS - A federal judge in Nevada on Dec. 20 ruled that an insured's insurance breach of contract and bad faith complaint against her automobile insurance provider fails to provide sufficient allegations supporting her assertion that the insurer acted unreasonably in delaying or denying her claim for underinsured motorist (UIM) benefits (Michelle Clifford v. GEICO Casualty Co., No. 19-1301, D. Nev., 2019 U.S. Dist. LEXIS 219933). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=33-17%20Mealey%27s%20Litig.%20Rep.%20Ins.%20Bad%20Faith%204%20(2020)&view=full&ORIGINATION_CODE=00144 target='_blank' TACOMA, Wash. - A Washington federal judge on Dec. 18 allowed a bad faith claim to proceed against an auto insurer after determining that issues of fact exist as to whether the insurer's delay in handling the insureds' claim was reasonable (Kristen and Bryan Kramer v, Safeco Insurance Company of Oregon, No. 19-5365, W.D. Wash., 2019 U.S. Dist. LEXIS 217153). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=33-17%20Mealey%27s%20Litig.%20Rep.%20Ins.%20Bad%20Faith%205%20(2020)&view=full&ORIGINATION_CODE=00144 target='_blank' ALBUQUERQUE, N.M. - Punitive damages cannot be collected from an auto insurer as part of a claim for uninsured motorist benefits for the acts of an unknown tortfeasor, a New Mexico federal magistrate judge said Dec. 31 in granting the insurer's motion for summary judgment on the insureds' claim for punitive damages (Shawn Ammons et al., v. Sentry Insurance Co., No. 19-419, D. N.M., 2019 U.S. Dist. LEXIS 222969). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=33-17%20Mealey%27s%20Litig.%20Rep.%20Ins.%20Bad%20Faith%206%20(2020)&view=full&ORIGINATION_CODE=00144 target='_blank' BATON ROUGE, La. - A jury did not commit a manifest error in finding that an insurer did not act in bad faith in its handling of its insured's uninsured motorist (UM) claim because the record supports the jury's verdict that the insurer acted reasonably based on the evidence, the First Circuit Louisiana Court of Appeal said Dec. 27 (Calvin Guidry, et al. v. USAgencies Casualty Insurance Co. Inc., et al., No . 2019 CA 0602, La. App., 1st Cir., 2019 La. App. LEXIS 2362). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=33-17%20Mealey%27s%20Litig.%20Rep.%20Ins.%20Bad%20Faith%207%20(2020)&view=full&ORIGINATION_CODE=00144 target='_blank' PITTSBURGH - An insurer in a breach of contract and insurance bad faith lawsuit has established good cause to order an independent medical examination (IME) before determining whether to continue to provide income loss benefits to its insured, a federal magistrate judge in Pennsylvania ruled Dec. 23 (Kirsti Loughery v. Mid-Century Insurance Co., No. 19-383, W.D. Pa., 2019 U.S. Dist. LEXIS 219725). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=33-17%20Mealey%27s%20Litig.%20Rep.%20Ins.%20Bad%20Faith%208%20(2020)&view=full&ORIGINATION_CODE=00144 target='_blank' EAST ST. LOUIS, Ill. - An insured is entitled to recover losses from his homeowners insurance provider for losses sustained in a home fire, and the insurer's denial of coverage based on the insured's purported breach of the insurance policy "lacks support in the policy," but the insurer did not act in bad faith in denying coverage, a federal judge in Illinois ruled Dec. 12 (Artis L. Parker v. Allstate Indemnity Co., No. 19-101, S.D. Ill., 2019 U.S. Dist. LEXIS 215803). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=33-17%20Mealey%27s%20Litig.%20Rep.%20Ins.%20Bad%20Faith%209%20(2020)&view=full&ORIGINATION_CODE=00144 target='_blank' WHITE PLAINS, N.Y. - Dismissal of an insured's bad faith claim against his homeowners insurance provider stemming from a property damage claim is not warranted because it does not rest on the same facts as the insured's breach of contract claim, a federal judge in New York ruled Dec. 30 (John Ruiz v. Liberty Mutual Fire Insurance Co., No. 19-4399, S.D. N.Y., 2019 U.S. Dist. LEXIS 222713). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=33-17%20Mealey%27s%20Litig.%20Rep.%20Ins.%20Bad%20Faith%2010%20(2020)&view=full&ORIGINATION_CODE=00144 target='_blank' PITTSBURGH - A federal judge in Pennsylvania on Dec. 31 ruled that an insured has failed to plead with the requisite specificity how her insurer acted in bad faith in failing to pay full benefits for damages to her home under the terms of a homeowners insurance policy (Randy Bick v. State Farm Fire and Casualty, No. 19-821, W.D. Pa., 2019 U.S. Dist. LEXIS 222775). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=33-17%20Mealey%27s%20Litig.%20Rep.%20Ins.%20Bad%20Faith%2011%20(2020)&view=full&ORIGINATION_CODE=00144 target='_blank' HARTFORD, Conn. - A Connecticut federal judge on Dec. 31 granted a homeowners insurer's motion to strike three affirmative defenses asserted by insureds seeking additional coverage for an oil spill on their property after determining that the insureds failed to sufficiently allege facts supporting their affirmative defenses of waiver, laches and unclean hands (Murray Haber, et al. v. Bankers Standard Insurance Co., No. 19-276, D. Conn., 2019 U.S. Dist. LEXIS 222847). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=33-17%20Mealey%27s%20Litig.%20Rep.%20Ins.%20Bad%20Faith%2012%20(2020)&view=full&ORIGINATION_CODE=00144 target='_blank' MISSOULA, Mont. - A Montana federal judge on Dec. 20 denied a motion for partial summary judgment filed by insureds who allege that their homeowners insurer acted in bad faith when handling their claim for damages caused by a wildfire because questions of fact exist as to whether the insurer had a reasonable basis to deny additional coverage for the damages (Robert and Kerryellen Hart v. Mountain West Farm Bureau Mutual Insurance Co., et al., No. 19-08, D. Mont., 2019 U.S. Dist. LEXIS 220553). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=33-17%20Mealey%27s%20Litig.%20Rep.%20Ins.%20Bad%20Faith%2013%20(2020)&view=full&ORIGINATION_CODE=00144 target='_blank' LOUISVILLE, Ky. - A Kentucky federal judge on Dec. 31 granted a disability insurer's motion for summary judgment on a claimant's bad faith claim after determining that the bad faith claim cannot proceed without the breach of contract claim, which was dismissed in a prior ruling by the court (James H. Pogue v. Principal Life Insurance Co., No. 14-599, W.D. Ky., 2019 U.S. Dist. LEXIS 222947). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=33-17%20Mealey%27s%20Litig.%20Rep.%20Ins.%20Bad%20Faith%2014%20(2020)&view=full&ORIGINATION_CODE=00144 target='_blank' SAN FRANCISCO - A California federal judge on Dec. 18 determined that a primary insurer breached its duty of good faith and fair dealing by refusing to settle an underlying action filed against its insured within its policy limits (Houston Casualty Co. v. National Union Fire Insurance Company of Pittsburgh, Pa., et al., No, 18-6147, N.D. Calif., 2019 U.S. Dist. LEXIS 217615). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=33-17%20Mealey%27s%20Litig.%20Rep.%20Ins.%20Bad%20Faith%2015%20(2020)&view=full&ORIGINATION_CODE=00144 target='_blank' BOSTON - An insured's refusal to settle cannot be imputed to a professional liability insurer when the policy at issue includes a consent-to-settle provision, the Massachusetts Supreme Judicial Court said Dec. 16 in affirming a trial court's ruling that the insurer did not act in bad faith in failing to settle a lawsuit against its insured (Douglas M. Rawan, et al., v. Continental Casualty Co., No. SJC-12691, Mass. Sup., 2019 Mass. LEXIS 710). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=33-17%20Mealey%27s%20Litig.%20Rep.%20Ins.%20Bad%20Faith%2016%20(2020)&view=full&ORIGINATION_CODE=00144 target='_blank' OAKLAND, Calif. - An operator of vineyards and winemaking operations in California on Jan. 3 sued London insurers for breach of contract and bad faith in a California federal court, alleging that they wrongfully refused to pay for smoke exposure damage to its finished wines caused by the October 2017 wildfires in Sonoma and Napa County, Calif., and seeking $12 million for its loss (Vintage Wine Estates, Inc. v. Royal & Sun Alliance Insurance PLC, et al., No. 20-00101, N.D. Calif.). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=33-17%20Mealey%27s%20Litig.%20Rep.%20Ins.%20Bad%20Faith%2017%20(2020)&view=full&ORIGINATION_CODE=00144 target='_blank' BOISE, Idaho - The Idaho Supreme Court on Dec. 23 affirmed a trial court's summary judgment ruling in favor of an insurer on breach of contract and bad faith claims because the policy's water exclusion clearly bars coverage for water damages to the insured's underground storage tanks (USTs) (ABK LLC v. Mid-Century Insurance Co., No. 46430, Idaho Sup., 2019 Ida. LEXIS 257). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=33-17%20Mealey%27s%20Litig.%20Rep.%20Ins.%20Bad%20Faith%2018%20(2020)&view=full&ORIGINATION_CODE=00144 target='_blank' PORTLAND, Ore. - An Oregon federal judge on Dec. 20 determined that suit limitations provisions in two insurers' policies do not bar an insureds' suit seeking coverage for hidden water damage because the term "occurred" as used in the limitations provisions is ambiguous and must be construed in favor of the insured (Housing Northwest Inc. v. American Insurance Co., et al., No. 19-253, D. Ore., 2019 U.S. Dist. LEXIS 219168). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=33-17%20Mealey%27s%20Litig.%20Rep.%20Ins.%20Bad%20Faith%2019%20(2020)&view=full&ORIGINATION_CODE=00144 target='_blank' SEATTLE - A federal judge in Washington on Jan. 3 held that an insurance policy's employee theft coverage insures bonuses that an insured paid to its employees but does not cover third-party purchases the insured made related to a companywide vacation in a coverage dispute arising from fraudulent representations allegedly made by the insured's former employee (Whitney Equipment Company v. Travelers Casualty and Surety Company of America, No. 18-1634, W.D. Wash., 2020 U.S. Dist. LEXIS 930). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=33-17%20Mealey%27s%20Litig.%20Rep.%20Ins.%20Bad%20Faith%2020%20(2020)&view=full&ORIGINATION_CODE=00144 target='_blank' CINCINNATI - A federal judge in Ohio on Dec. 16 certified an insurer's interlocutory appeal regarding the judge's previous order staying an insured's breach of contract and bad faith suit arising out of the insured's liability for underlying asbestos claims (William Powell v. National Indemnity Co. et al., No. 14-807, S.D. Ohio, 2019 U.S. Dist. LEXIS 215554).