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FIRM WINS BAD FAITH ACTION!


The Firm recently won a Motion for Summary Judgment in an insurance bad faith case for one of its insurer clients.

In this case, the insured aviation attorney tendered to the Firm's insurer client for defense a defamation lawsuit brought against him by another aviation attorney. The defamation allegedly occurred in an e-mail the insured sent to an aviation industry web site, which referenced the plaintiff aviation attorney in his case.

During discovery, the Firm uncovered evidence indicating that the purpose of the insured's e-mail was in effect to research how the plaintiff aviation attorney was able to avoid two aviation law defenses in obtaining a large verdict for his clients. Through its efforts, the Firm was able to prove that the alleged defamation was excluded by the professional services and business pursuits exclusions of the carrier client's policy.

In its ruling, the Court opined that not only was the insured engaged, in part, in his business as an aviation defense attorney when he sent the defamatory e-mail, but that he was also rendering professional services to his existing aviation industry clients since the information sought by the e-mail would help the insured's clients achieve better settlements in cases involving such issues.

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Related Attorney(s):
Timothy D. Lake

Related Practice Area(s):
Bad Faith and Coverage

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