Successful Defense of Bad Faith Case Against Insurer
Secured summary judgment in federal court in a bad faith case against a large insurer. The case arose from a pedestrian-motor vehicle accident that occurred in 2008 and dealt with the insurer’s handling of the plaintiff’s UIM claim following that accident. The plaintiff was run over by a rollback truck that was being repossessed on behalf of the owner. Because there were conflicting versions of events regarding how the accident occurred, the case went to arbitration on the issue of liability. The arbitrators found that the plaintiff was 33 1/3% causally negligent for his injuries, and the UIM claim later settled. The plaintiff then pursued a statutory bad faith claim, contending the insurer had delayed its investigation of the UIM claim without a reasonable basis and had unreasonably refused to pay the plaintiff UIM benefits. At the close of discovery, the insurer filed a motion for summary judgment, which was granted by the court, and the case was dismissed in its entirety.