Tharpe & Howell
News : Firm Wins Motion For Summary Judgment in Bad Faith Case Against Carrier Client
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FIRM WINS MOTION FOR SUMMARY JUDGMENT IN BAD FAITH CASE AGAINST CARRIER CLIENT
On February 2, 2007, Judge Albert Dover of the Nevada County Superior Court granted a Motion for Summary Judgment brought on behalf of a carrier being sued for bad-faith claims handling practices. The plaintiff in this case alleged the insurance carrier had engaged in bad-faith when it denied his claim for damage to his tractor suffered when the tractor when out of control and slammed into a neighbor's wall. The Motion, written by Partner Stacey Miller and Sacramento Associate Talia Delanoy, argued that the carrier had a "genuine dispute" with the insured over whether the tractor was covered personal property under his homeowner's policy. Judge Dover agreed with the insurance carrier, finding that its investigation of the claim was reasonable and that a "genuine dispute" did exist that precluded a finding the insurance carrier had committed bad-faith. http:// |
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