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Insurer Wins Some and Loses Some
Denial for Fraud Not Bad Faith But Contract Claim Remains
Read the full article at https://www.linkedin.com/pulse/insurer-wins-some-loses-barry-zalma-esq-cfe and at https://zalma.com/blog plus more than 3550 posts.
Tammy Lou Hope appealed the trial court’s order granting Defendant Integon National Insurance Company summary judgment on her claims in Tammy Lou Hope v. Integon National Insurance Company, No. COA20-265, Court Of Appeals Of North Carolina (December 31, 2020).
ZALMA OPINION
When investigation by a professional claims person or Special Investigative Unit investigator determines the evidence establishes that the vehicle was destroyed by the insured running it into a stationary object and not by an unidentified hit and run vehicle there is a genuine dispute between insured and insurer. At trial the insurer will present its expert testimony and will either establish an insured against cause or that the claim presented was a fraud. Regardless, a good faith statement of decision, a disputed set of facts, is not sufficient to even consider a tort of bad faith or unfair trade practices and the court agreed.
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