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 standard.
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 filing.
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.
