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.

. . . . . .

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

. . . . . .

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.  

. . . . . .

Published: February 26, 2018

Poorly Drafted Bad Faith Claim Survives 12(b)(6) Motion in District of Maryland

. . . . . .

Published: January 16, 2018

​Plaintiff Mary Coppinger was injured in 2010 when her vehicle was rear-ended by Daniel Klein. Both Ms. Coppinger and Mr. Klein were insured through Defendant Allstate. Mr. Klein had a $50,000 policy limit; Ms. Coppinger had $100,000 in uninsured/underinsured motorist (UIM) coverage. Anticipating that her damages would exceed $50,000, Ms. Coppinger demanded full payment of Mr. Klein’s policy limit in 2012 and filed a UIM claim with Allstate in January 2013. Allstate concluded in January 2013 that Ms. Coppinger’s damages would not exceed $50,000 and denied her UIM claim. Ms.

. . . . . .

Published: April 22, 2016

Braddy v. Infinity Assurance Ins. Co., No. 6:15-CV-0119-JA-GJK, 2016 WL 1446202 (M.D. Fla. Apr. 11, 2016)

Middle District of Florida holds that statutory bad faith claim does not preempt common law claim; grants motion to dismiss breach of fiduciary duty claim as duplicative of bad faith claim; and finds unresolved coverage question sufficient to abate (but not dismiss) bad faith claims. 

. . . . . .

Published: April 13, 2016

Court grants insurer’s motion for summary judgment on common law, but not statutory, bad faith, holding that while plaintiff did not present evidence of recklessness, she did present grounds on which a jury could find that the insurer unreasonably delayed or denied a benefit under the policy. 

. . . . . .

Published: April 13, 2016

In Adamscheck v. American Family Mutual Insurance Company, the Tenth Circuit affirmed a District of Colorado decision denying an insurer’s motion for summary judgment on its insured’s bad faith claim where the insurer reduced the insured’s benefits by the amount he had received from workers’ compensation.

. . . . . .