Bad Faith

TO ESTABLISH BAD FAITH FAILURE TO SETTLE, IN CALIFORNIA, PLAINTIFF MUST PROVE BOTH THAT A REASONABLE SETTLEMENT DEMAND WAS MADE, IN ADDITION TO UNREASONABLE CONDUCT ON THE PART OF THE INSURER

In Pinto v. Farmers Insurance Exchange, 61 Cal. App. 5th 676, 276 Cal. Rptr. 3d 13 (2d Dist. 2021), the California Court of Appeals, Second District, held that the proof required to establish insurer bad faith for failure to settle required the plaintiff to prove both...

BAD FAITH SET-UP FAILS

The recent case of Eres v. Progressive American Insurance Co., 998 F.3d 1273 (11th Cir. 2021) demonstrates the failure of a questionable attempt to set up the insurance company for bad faith. In this case, the insured driver caused a motor vehicle accident which...

TOO LATE!

The Colorado Supreme Court in Schultz v. GEICO Casualty Co., 429 P.3d 844 (Colo. 2018) recently held that later-developed evidence was irrelevant to a UIM claim because the denial had taken place prior to the development of that evidence. In this case, the insured,...

Settling into Bad Faith

Under Florida Insurance Code §624.155, in order to bring a bad faith action there must be a favorable determination of liability against the insurer as a prerequisite to maintaining a bad faith action. In Barton v. Capitol Preferred Ins. Co., Inc., 208 So. 3d 239...

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