Eighth Circuit Affirms Finding of Bad Faith, Award of Costs and Prejudgment Interest

    The Eighth Circuit affirmed the district court’s finding of bad faith and award to the insured of taxable costs and prejudgment interest. Selective Ins. Co. v. Sela, 2021 U.S. App. LEXIS 26062 (8th Cir. Aug. 30, 2021).      The insured suffered two hail storms that damaged his home. In 2010, the first … Read more

Objection to Insurer’s Protective Order Regarding Dismissed Claim Overruled

    The court overruled the objection to the magistrate issuance of a protective order to prevent a deposition related to a dismissed claim. Pulte Home Corp. v. TIG Ins. Co., 2021 U.S. Dist. LEXIS 159014 (S.D. Calif. Aug 23, 2021).      Plaintiff was the general contractor for two real estate development projects. In … Read more

Deceptive Practices, Punitive Damage Claims Dismissed in Property Damage Suit

    The insured’s claims for breach of contract and bad faith remained while his claims for deceptive practices and punitive damages were dismissed. Fishberg v. State Farm Fire & Cas. Co., 2021 U.S. Dist. LEXIS 135043 (S.D. N. Y. July 20, 2021).     The insured rented a apartment. He was insured under a … Read more

Insurer Motion to Intervene in Underlying Case Denied

    The Colorado Supreme Court determined that the insurer defending under a reservation of rights could not intervene in the underlying case after the insured assigned its rights to any bad faith claim against the insurer. Auto-Owners Ins. Co. v. Bolt Factory Lofts Owners Ass’n, Inc., 2021 Colo. LEXIS 365 (Colo. May 24, 2021). … Read more