Kransco vs. American Empire Surplus Lines Insurance Company

Year: 1998
Court: California Supreme Court
Case Number: S062139

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)

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.


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Date: December 9, 2023