As we have discussed on this Blog for many years, case law is divided on whether statutory bad faith can exist if no coverage is…
Month: May 2019
There were two bad faith claims arising out of a building’s wall collapse case. The first was over whether any coverage was due in connection with…
This was the insureds’ second chance at pleading bad faith, after having their original UIM bad faith counterclaim dismissed without prejudice. The earlier post summarizing the first dismissal can be found here.…
Offering a different take on the usual challenge to federal pleadings, the insurer moved to strike portions of this UIM bad faith complaint as immaterial…
This case involved a forced placed insurance policy. The mortgagee lender, not the homeowner, was the name insured on the policy at issue. The homeowner…
This case involved the issue of whether the insureds resided at a property when a fire loss occurred. The insurer denied coverage, concluding they did…
In this case, the court provides a concise and clear analysis of New Jersey’s “fairly debatable” standard in bad faith cases. If an insured cannot…
This opinion addresses the insurer’s motion to dismiss an amended complaint for failing to set out a plausible bad faith claim. The court dismissed the…
We first note that Eastern District Judge Kearney typically writes informative introductions as guides to his opinions, with summaries of the salient conclusions. We quote his…
While the Court granted summary judgment on the breach of contract claimed based on a contractual limitations period, and reiterated its earlier position that the…