1. SUPREME COURT GRANTS APPEAL IN BERG V. NATIONWIDE, ASSURING THIS EXTRAORDINARY BAD FAITH CASE WILL GO INTO ITS THIRD DECADE. 2. UPDATE ON UIM BAD FAITH SEVERANCE AND STAY CASE LAW.
After 20 Years, Berg v. Nationwide is Headed to the Supreme Court.
We once again note that the Supreme Court has granted an appeal in the long running Berg v. Nationwide bad faith litigation. Our original post can be found here.
The Court’s Order focuses the appellate issues on the Superior Court’s review of the trial judge’s evidentiary findings and mindset, as well the issue of whether the insurer assumed a specific additional responsibility under its duty of good faith and fair dealing.
There is always the possibility, however, that the Court could go beyond the proper scope of appellate review or the potential specific duty assumed, and into more fundamental issues of what constitutes bad faith.
UIM/Bad Faith Severance and Stay Granted.
The excellent Tort Talk Blog, authored by Attorney Daniel Cummins, continues to be the leading resource on severance/bifurcation and stay issues in post-Koken UIM/UM litigation. The most recent post summarizes a Pike County opinion granting a motion to sever and stay, and can be found here.