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!
Senior Partner Chris Maile recently secured a Motion for Summary Judgment in favor of a Firm carrier client in a bad faith action filed in Reno, Nevada. In this case, the plaintiff sued a management company, which serves as the attorney-in-fact of a reciprocal Inter-Insurance Exchange, for breach of contract, bad faith, and breach of fiduciary duty arising out of the adjustment of a property loss. Upon argument, the court agreed with attorney Maile and rejected the plaintiff's contention that under Nevada statutory law, the management company and the carrier for which it served as the attorney-in-fact were "a single enterprise." In granting the Motion for Summary Judgment in favor of the Firm's management company client, the Court found there was no evidence the management company had been involved in the adjustment of the property claim, and therefore could not be liable for breach of contract or bad faith. Litigator Chris Maile is a Senior Partner in the Firm's Sherman Oaks office. He represents management in all aspects of employment law, including litigation and counseling; and also specializes in the defense of insurance carrier claims. If you would like more information on how the Firm can assist you with risk reduction, please contact Mr. Maile at (818) 205-9955. |
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