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Attorneys successfully obtained dismissal by motion of a bad faith claim as well as a breach of contract claim in an underlying Workers' Compensation case

Attorneys successfully obtained dismissal by motion of a bad faith claim as well as a breach of contract claim in an underlying Workers' Compensation case. The bad faith claim was dismissed because the insured did not properly file its complaint with the department of insurance, which is a condition precedent to the action. The breach of contract claim was dismissed because Court found that a workers' comp claimant is not a third party beneficiary of his employer's policy. The win was significant as the state plaintiff's bar had been attempting to create a new breed of bad faith claims out of Workers' Compensation cases.

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