Kransco vs. American Empire Surplus Lines Insurance Company
Year 1998
Court California Supreme Court
Case Number S062139
Issue
  • Bad Faith
State
  • California

An insurance company can no longer use the affirmative defense of comparative bad faith to escape liability for bad faith claims handling practices. Although this is a third party case, the reasoning has been applied to first party cases as well. See Hale v. Provident Life & Accident Insurance Co. (2003)

Related Docs
Author UP's brief was written pro bono by Jordan S. Stanzler, Esq., Deborah M. Mongan, Esq. and John A. MacDonald, Esq. of Anderson Kill & Olick.
Related Cases
Moody v. Oregon Community Credit Union and Federal Insurance Company
Year: 2022
Court: Oregon Supreme Court
Case Number: S069409
Issue:
  • Bad Faith
State:
  • Oregon

In its amicus curiae brief, United Policyholders addresses the question of whether a policyholder can recover extra-contractual damages by bringing negligence per se cause of action for mishandling of an insurance claim in a way that violates Oregon statute. United Policyholders’ brief argues that insurance consumer…
Peterson v. Western National Mutual Insurance
Year: 2019
Court: Supreme Court of Minnesota
Case Number: A18-1081
Issue:
  • Bad Faith
State:
  • Minnesota

In its brief, UP weighed in on Minnesota’s bad faith statute, § 604.18, in order to protect Minnesota policyholders when an insurance company does not complete a reasonable investigation of a claim. UP weighed in to avoid a narrow reading of the statute which would not…
Ballard vs. Farmers Insurance Group
Year: 2001
Court: Texas Court of Appeals
Case Number:
Issue:
  • Bad Faith
State:
  • Texas

Insurance nullification by litigation; bad faith
Baugh Construction Company vs. Granite State Insurance Company
Year: 1996
Court: California Court of Appeal, 3rd District
Case Number: C023071
Issue:
  • Bad Faith
State:
  • California

Under New Jersey law, the obligation of good faith and fair dealing extends to the assertion, settlement and litigation of contract claims