Though the attorney-client privilege was not at issue, the court's sweeping language has arguably created some doubt whether the privilege applies to protect such communications in bad faith
13) The case proceeded to trial, after which a jury determined that GEICO had acted in bad faith
, and the settlement was unreasonable and tainted by bad faith on the part of the settling parties.
to find insurers in bad faith
even without evidence of nefarious intent.
Plaintiffs alleged that "Liberty Mutual has unreasonably and in bad faith
denied coverage and underpaid for the damage.
Only one state, Tennessee, has enacted a statute allowing insurers to recover damages if a policyholder brings a lawsuit against an insurer in bad faith
Ashley states in Bad Faith
Actions: Liability and Damages, that almost 30 state courts recognized arguments of bad faith by the mid-1990s.
dissenting) (arguing administrator could not be exonerated as a matter of law in the instant case and that failing to treat administrators as equivalent of insurers creates gaping and unjustified gap in bad faith
If the deferential standard of review applies, however, a decision is found to be arbitrary and capricious (or an abuse of discretion) "where the decision is in bad faith
, not supported by substantial evidence, or erroneous on a question of law.
The court held, inter alia that there was sufficient evidence which allowed the jury to conclude that the defendant acted in bad faith
If the insured has significant exposure above policy limits, the insurer may be liable in contract for the full loss if it refuses in bad faith
to settle within policy limits.
The right of the principal to terminate [a broker's] authority is absolute and unrestricted, except only that he may not do it in bad faith
, and as a mere device to escape the payment of the broker's commissions.
circuit held that an insurer could not be found in bad faith
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.
11) As a result, even though the Eighth Circuit noted that Washington had an interest in protecting its residents from insurance companies who fail to settle claims in bad faith
, here, the Eighth Circuit found that no Washington resident would be affected by the outcome in the case.
Fitzpatrick, the defendant in the underlying personal injury action, commenced this action alleging that defendant acted in bad faith
by failing to settle the underlying action and thereby exposing Fitzpatrick to personal liability.