Duty of good faith and fair dealing Archives

Conduct During Settlement Negotiations
Duty of good faith and fair dealing

Louisiana

On certified question from the U.S. Court of Appeals for the 5th Circuit, the Louisiana Supreme Court was confronted with the issue of whether an insurer can be liable for statutory bad faith for failure to settle a claim when it never received a firm…

Grayson v. Allstate Ins. Co.

Year: 2014

Court: U.S. Court of Appeals, 9th Circuit

Case Number: 14-55959

Issue:

Duty of good faith and fair dealing
Settlement Negotiations

State:

California

Under California law, the duty of good faith and fair dealing is implied in all insurance contracts. When an insured purchases insurance, they expect that their insurance carrier will act in good faith when they themselves tender a claim and also where an injured third-party…

Fils v. Starr Indemnity & Liability Insurance Company

Year: 2018

Court: Louisiana Court of Appeal, Third Circuit

Case Number: Docket No. 17 00896-CA

Issue:

Duty of good faith and fair dealing
Ten-year prescriptive period for bad faith refusal to pay claim

State:

Louisiana

In this case, UP weighed in to preserve Louisiana residents’ rights to be compensated when they’ve been harmed by bad faith conduct by an insurance company. Our Friend of the Court brief points out that the District Court erred in maintaining Star Indemnity & Liability…