Published: October 12, 2018

Lorine Mitchell submitted a claim to State Farm for damage to her property from a storm. Under the terms of Mitchell’s policy, State Farm paid benefits in stages. First, State Farm would pay the actual cash value (ACV) of the damaged part of the property up to the lesser of the limit of liability and the cost of repair.

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Published: August 23, 2018

Becca Franco was involved in a car accident in 2015.  Franco submitted a claim to her insurer, State Farm, for underinsured motor vehicle and medical payment benefits.  Sixteen months later, Franco filed suit against State Farm asserting breach of contract and bad faith claims.  State Farm moved for summary judgment on her bad faith claim.

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Published: August 21, 2018

Steven Reto was injured in a car accident in 2014.  After the underlying liability claim settled with the driver who caused the accident, the Retos filed a claim for underinsured motorist benefits with their insurer, Liberty Mutual.  Sometime thereafter, the Retos filed suit in state court against Liberty Mutual and the claims adjuster who handled their claim, asserting statutory bad faith and other causes of action.  Liberty Mutual removed the case to federal court, contending that its claims adjuster was fraudulently joined to defeat diversity of citizenship.  The Reto

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Published: August 16, 2018

After heavy snow destroyed a Slaubaugh Farm poultry house in Delaware, the farm called on its insurer to cover its loss.  After its claim was denied, the farm sued the insurer, alleging bad faith denial of coverage under Delaware law.  The Superior Court of Delaware, in Re: Slaubaugh Farm, Inc. v. Farm Family Cas. Ins. Co., No. CV S16C-06-033 ESB, 2018 WL 3559252 (Del. Super. Ct.

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Published: August 13, 2018

The Arizona Supreme Court, in Twin City Fire Ins. Co. v. Leija, --  P.3d --- , 2018 WL 3651026 (Ariz. Aug. 2, 2018), affirmed worker's compensation insurance carriers' ability to enforce a statutory lien against beneficiary recovery in third party tort settlements, and avoid bath faith claims by beneficiary-insureds.  This case arose out of the Leija family’s tort suit against third party defendants who contributed to Mr.

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Published: August 13, 2018

Great American Ins. Co. v. Quintana Homeowners Assoc. et al., 2018 WL 3632111 (N.D. Cal.

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Published: July 11, 2018

The District Court for the District of Connecticut denied Allstate's motion to dismiss its insureds’ breach of contract and statutory bad faith claims, finding that the cost to fix damage to the concrete foundation of the insureds’ home may be covered under their policy's collapse provisions. The issue of collapse coverage has been closely followed in Connecticut because as many as 35,000 homes may be at risk of structural unsoundness or collapse due to defective concrete likely linked to a single quarry.  With the backdrop of this statewide problem, the decision in Maki v.

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Published: May 31, 2018

After Melissa Parisi sustained injuries in a vehicle collision and learned that the other motorist involved in the crash carried only $15,000 in auto insurance, she submitted an underinsured motorist (UIM) claim to State Farm, her insurer. Soon after Parisi filed her claim in May 2014, she and State Farm began exchanging letters and documentation regarding the substantial cognitive injuries that Parisi incurred in the accident, as well as the status of Parisi’s claim against the other motorist’s insurer.  

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Published: May 18, 2018

In KnightBrook Ins. Co. v. Payless Car Rental Sys., Inc., 2018 WL 1958661 (9th Cir. Apr. 26, 2018), the Ninth Circuit Court of Appeals affirmed the District of Arizona’s dismissal of a bad faith claim that was premised on KnightBrook Insurance Company's decision to seek equitable indemnification from its insured, Payless Car Rental Systems, Inc.

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Published: May 18, 2018

Baltimore citizens may recall the salacious circumstances of the underlying action giving rise to Hussy v. Hous. Auth. of Baltimore City, 2018 WL 1947049, *8-9 (D. Md. Apr. 24, 2018), under which Mr. Hussy, among other maintenance workers at the city's Gilmor Homes property, was indicted for soliciting sexual favors from tenants in exchange for repairs.  Mr. Hussy, in addition to the criminal charges against him, was also sued civilly.  Mr.

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