DECEMBER 2015 BAD FAITH CASES: MOTION TO AMEND AND ADD (1) UIPA ACTION DENIED AS FUTILE (2) BAD FAITH CLAIM DENIED AS UNTIMELY AND PREJUDICIAL
In United National Insurance Company v. Indian Harbor Insurance Company, the insured sought to amend its complaint to add claims under the Unfair Insurance Practices Act (“UIPA”) and the statutory Bad Faith Act. The court denied amendment as to the UIPA claim as there is no private right of action under the UIPA, and thus such an amendment would be futile. As to the bad faith claim, discovery had been completed for months, a trial date was set, and allowing such an amendment would require more discovery and additional expert reports. The court found an undue delay, that this was prejudicial and would not allow it.