Published: March 1, 2018

Plaintiff Charles A. Shadid, L.L.C. had a commercial insurance policy with Defendant Aspen Specialty Insurance Company insuring multiple commercial properties.  Shadid alleges that in May of 2013, a tornado damaged several of its properties.  Shadid sought coverage for the damage from Aspen.  Aspen assigned Shadid’s claim to Associated Claims Management, Inc.

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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. 

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Published: March 10, 2016

United States District Court for the Southern District of Texas rules that insurer’s compliance with appraisal provision of insurance policy defeats breach of contract claim and, absent a breach of contract, bad faith claims do not survive.

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Published: May 1, 2015

Tesoro Refining & Marketing Co. LLC v. Nat’l Union Fire Ins. Co. of Pittsburgh, Pa., Cv. No. SA:13-CV-931-DAE (W.D. Tex. Apr. 7, 2015).

Insurer entitled to summary judgment on bad faith claim where insured failed to show that denial of claim was unreasonable, that the insurer did not timely investigate its claim, or that the insurer committed an extreme act resulting in injury independent of the policy claim.

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Published: May 1, 2015

Mohney v. Am. Gen. Life Ins. Co., Nos. 2030 WDA 2013, 2046 WDA 2013, 2015 WL 2146354 (Pa. Super. Ct. May 8, 2015).

The Superior Court of Pennsylvania finds that there was no reasonable basis for insurer’s denial of benefits where the denial was based on equivocal statements from the insured’s doctor regarding the insured’s ability to perform, with accommodations, certain light-duty work.

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Published: April 1, 2015

Chapman v. Coca-Cola Bottling Co., No. 2013-CA-01883-COA (Miss. Ct. App. Mar. 17, 2015).

Ruling en banc, court affirms grant of summary judgment for insurer, adjuster and employer on bad faith claims brought by former employee and his spouse stemming from denial of benefits related to injury later determined to be work-related and compensable under workers’ compensation law.

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Published: April 1, 2015

Scheirer v. Nationwide Ins. Co. of Am., No. 3:13-CV-1397, 2015 WL 1013986 (M.D. Pa. Mar. 9, 2015).

Middle District of Pennsylvania denies cross-motions for summary judgment on bad faith claim, holding that material issues of fact existed where Plaintiff ultimately received benefits but claimed that insurer handled the claim in an untimely manner.

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Published: March 1, 2015

Henriquez-Disla v. Allstate Prop. and Cas. Ins. Co., No. 13-284 (E.D. Pa. Feb. 10, 2015).

U.S. District Court for the Eastern District of Pennsylvania grants summary judgment for insurer on bad faith claim where Plaintiffs failed to show by clear and convincing evidence that insurer lacked a reasonable basis in denying coverage for losses resulting from theft and fire.

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Published: February 1, 2015

Haney v. ACE Am. Ins. Co., No. CV-13-02429-PHX-DGC, 2015 WL 58670 (D. Ariz. Jan. 5, 2015).

District of Arizona: Court Grants Partial Summary Judgment on Bad Faith Claim for Failure of Insurer to Make Retroactive Payments, but Question of Fact Remained with Respect to Insurer’s Initial Miscalculation of Benefits

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Published: January 1, 2015

Cline v. Allstate Ins. Co., No. 6:13-CV-182-HAI, 2014 WL 7074973 (E.D. Ky. Dec. 15, 2014).

After denial of claim for loss from fire on basis of exclusion for criminal or intentional acts, Insurer wins cross-motions for summary judgment where insureds cited no applicable law, failed to plead facts with specificity, and mischaracterized deposition testimony

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