Published: May 21, 2019

The United States Court of Appeals for the Seventh Circuit, in Surgery Ctr. at 900 N. Michigan Ave., LLC v. Am. Physicians Assurance Corp., Inc., No. 18-2622, 2019 WL 1855397 (7th Cir. Apr. 25, 2019), affirmed a lower court decision holding that American Physician Assurance Corporation, Inc. ("APA") did not act in bad faith by failing to settle a medical malpractice claim within its insured’s policy limit because APA’s belief that an adverse verdict was merely possible, as opposed to reasonably probable, did not trigger its duty to settle.   

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Published: April 9, 2019

On August 29, 2008, Ronald Jackson (Jackson) caused a multi-vehicle collision. He later died from his injuries. At the time of the collision, First Acceptance Insurance Company of Georgia Inc. (First Acceptance) insured Jackson under a policy with bodily injury liability limits of $25,000 per person/$50,000 per accident.

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Published: April 8, 2019

Plaintiff Annie Skinner (Skinner) allegedly suffered severe injuries and extensive property damage as a result of a February 10, 2014 automobile accident involving Andrew Poston (Poston) and another driver.

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Published: March 18, 2019

An insurer successfully defeated a plaintiff’s attempt to keep a bad faith action in state court by “manipulating” federal diversity jurisdiction by naming an individual claims adjuster as a defendant.

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Published: February 15, 2019

Richard McDonough suffered serious injuries to his neck and spine as a result of an automobile accident.  The insurer of the driver who caused the accident settled with McDonough for the driver’s full policy amount of $100,000.  However, this sum was allegedly insufficient to compensate McDonough for his losses.  McDonough then sought to collect underinsured benefits through his insurer, State Farm, up to the coverage limits of $300,000.  State Farm counter-offered with a lower amount and declined to pay McDonough the full amount of the $300,000 limit.  McDonough fi

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Published: February 13, 2019

Propitious, LLC owns a two-story building and leased the first floor of the property to Connacht, LLC, which used the space to operate a restaurant and sports bar.  Propitious insured the property under a policy issued by Badger Mutual Insurance Company; Connacht insured the restaurant and sports bar under a policy with Society Insurance.  In December of 2016, there was an incident in which multiple water pipes burst on the second floor and caused damage to the property and Connacht’s restaurant and sports bar on the first floor.  Following an investigation of the damage by e

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Published: February 8, 2019

After their living room ceiling collapsed, Heather and David Hutchinson submitted a claim for approximately $25,000 in damages to State Farm Fire & Casualty Company under their homeowners' policy. State Farm denied the claim and the Hutchinsons sued in Pennsylvania state court. In their complaint, the Hutchinsons sought the amount of their insurance claim (~$25,000) for breach of contract plus unspecified compensatory and punitive damages for bad faith denial under Pennsylvania's bad faith statute, 42 Pa. Cons. Stat. § 8371.

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Published: January 11, 2019

Mariano and Joanne Mattei filed a complaint in the Court of Common Pleas of Philadelphia County against Liberty Mutual and the claims adjuster assigned to Mariano Mattei’s claim for coverage relating to a 2015 motor vehicle accident.

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Published: January 9, 2019

Lawrence Proctor submitted a claim to GEICO for damage to his RV that he claimed was caused by a January 6, 2015 motor vehicle accident. Proctor’s policy provided compensation for either the actual cash value of the damage property at the time of the loss or the amount necessary to repair the damaged property to its pre-loss condition. The policy specifically excluded compensation to any person who "knowingly conceals or misrepresents any material fact or circumstance" related to a claim.

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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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