A finding of bad faith
would entitle the Stecherts to punitive as well as consequential damages.
"Therefore, removal is only appropriate if this Court finds that Plaintiff acted in bad faith
to prevent removal.
"From the foregoing, it is clear that the Ombudsman's failure to demonstrate the presence of evident bad faith
, gross inexcusable negligence, or manifest partiality in each of the three payments...amounts to grave abuse of discretion warranting the reversal of its finding of probable cause," the resolution read.
A case may not be removed under subsection (b)(3) on the basis of jurisdiction conferred by section 1332 more than one year after commencement of the action, unless the district court finds that the plaintiff has acted in bad faith
in order to prevent a defendant from removing the action.
Landers contended that his damages always exceeded the policy limits and that State Farm had acted in bad faith
by delaying payment of the policy limits until after appraisal.
New Jersey also deeply impacted by Sandy, seemingly has held on to its bad faith
The Trademark Office rejected the registration application on grounds of bad faith
based on opposition filed by the prior owner.
Forever Green then filed a motion to dismiss the involuntary filing as a bad faith
the court recognized the following two potential claims for bad faith
Beyond that, the PIP attorneys retained another law firm to pursue bad faith
litigation against Progressive on behalf of some providers.
Perdido Sun Condominium Assn, Inc.,--So.3d--, 2015 WL 2236719 (Fla., 5/14/15) the issue raised was whether the Florida Legislature intended Citizens to be liable for statutory first-party bad faith
claims as an exception to its statutory immunity from suit.
(4) When an insurer acts in bad faith
and the insured's damages exceed the available UM/ UIM policy limits, the insured will be able to plead a prima facie bad-faith claim.
rejected that approach and ruled that insurers can be "liable for bad faith
if they refuse to pay the undisputed portion of an obligation, even where another portion of the obligation is disputed." In fact, the court specifically found that if the information available to an insurer confirms that it owes some amount (even if the total amount owed is disputed), the insurer will commit bad faith
if it neither reviews the available information, nor pays the undisputed amount.
If it appears that an assertion has been made in bad faith
, according to Fruth, courts may require patent plaintiffs to post a bond of up to $500,000.
Holding: To succeed on a claim of judicial estoppel, the proponent must produce evidence of bad faith
, and due to the lack of evidence of bad faith
in this case the defendant's motion for summary judgment is denied.