Reinsurance Law Blog

Reinsurance Law Blog

Tag Archives: faith

No bad faith for delay in appraisal where there were coverage issues — 10th Cir Oklahoma

Posted in Insurance Bad Faith
This is the second case involving Hayes Family Trust v. State Farm Fire & Casualty.  The first case, involving the appraisal process, is discussed here.  In this case, the policyholder claimed that State Farm acted in bad faith when it delayed the appraisal process because of coverage issues and when it failed to adequately investigate… Continue Reading

Questions of reasonableness are for jury, not summary judgment — UM bad faith — Oklahoma law

Posted in Insurance Bad Faith
In Falcone v. Liberty Mutual, Falcone made an uninsured motorist claim (UM claim) for injuries arising out of an auto accident with an uninsured driver.  Falcone was a passenger in her mother’s car, and Liberty was the UM insurer.  Falcone was taken by ambulance to the OU Medical Center Emergency Room, and was then transferred… Continue Reading

Fact questions preclude summary judgment on breach of contract and bad faith claims — WD Oklahoma

Posted in Contractual Liability, Insurance Bad Faith
In Neill v. State Farm Fire & Cas. Co., CIV-13-627-D, 2016 WL 4384793, (W.D. Okla. Aug. 16, 2016), Neill sued State Farm for breach of contract and bad faith for failure to pay enough on a tornado claim.  There were factual issues which precluded summary judgment on the contract claim — specifically, whether the repair… Continue Reading

Denial of a fairly debatable claim may be unreasonable — 10th Circuit Colorado

Posted in Contractual Liability, Insurance Bad Faith, New Case
In Home Loan Investment Co. v. St. Paul Mercury Insurance Co., St. Paul denied a claim made by Home Loan because Home Loan was not in “possession” of the property insured.  (Home Loan, holder of the mortgage, had decided to help the homeowner sell the property, rather than foreclose on it).  A jury found that… Continue Reading

Occurrence, Faulty Workmanship, Choice of law, Contractual liability exclusion, CGL policy; Oklahoma and Kentucky law

Posted in Duty to Defend, Insurance Bad Faith, New Case
In Kentucky Bluegrass Contracting, LLC v. Cincinnati Insurance Co., 2015 OK CIV APP 100, the trial court erred in finding that Kentucky law applied to the claim — but the error was harmless since the result was the same under either Oklahoma or Kentucky law.  Kentucky Bluegrass Contracting (KBC) did some electrical work at a… Continue Reading

Primary insurer has no duty to initiate settlement discussions — 5th Circuit, Mississippi law

Posted in Contractual Liability, Insurance Bad Faith, New Case
Previously, we told you about SRM, Inc. v. Great American Ins. Co., No. 14–6160 where the Tenth Circuit said there was no duty of an excess carrier to initiate settlement discussions (See post here) Now the Fifth Circuit has ruled there is no duty on a primary insurer to initiate settlement discussions, even where liability… Continue Reading

Physical Loss can include odors — NH

Posted in Contractual Liability, New Case
In Mellin v. Northern Security Insurance Company, Inc., the Mellins claimed a loss resulting from cat urine odor which came through pipes to their condominium. Northern argued that, although “the words ‘direct’ and ‘physical loss’ are undefined,” “they are commonly understood to require tangible change to the property,” and that the alleged cat urine odor… Continue Reading
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