Insurer Wins Some, Loses Some & Avoids Bad Faith
A Reasonable Dispute of Facts Concerning Coverage is not Bad Faith
Read the full article at https://www.linkedin.com/pulse/insurer-wins-some-loses-avoids-bad-faith-barry-zalma-esq-cfe/?published=t and at https://zalma.com/blog plus more than 3650 posts.
USAA General Indemnity Company and the plaintiff, Bobby Fuentes, as Administrator of the Estate of Alejandro Santos, decedent, (“Santos”), both moved for summary judgment. based on disputed facts concerning the residence of the decedent. In Fuentes v. USAA , USDC, Pennsylvania (April 1, 2021) Fuentes presented a claim for underinsured motorist (“UIM”) benefits with defendant seeking coverage related to Santos’ fatal accident. The parties basically dispute whether Santos qualifies as an insured “family member” under the insurance policy defendant issued to plaintiff.
ZALMA OPINION
It seems, recently, that every claim denial – no matter how well reasoned and handled – will result in a bad faith claim. This case teaches that although there was a dispute of material facts as to coverage sufficient to defeat a motion for summary judgment the decision to deny coverage was reasonable since Santos did not live in the Plaintiffs’ house. Therefore, as a matter of law, there was no case of bad faith.
We are 100% funded for October.
Thanks to everyone who helped out. 🥰
Xephula monthly operating expenses for 2024 - Server: $143/month - Backup Software: $6/month - Object Storage: $6/month - SMTP Service: $10/month - Stripe Processing Fees: ~$10/month - Total: $175/month
- Art
- Causes
- Crafts
- Crime
- Dance
- Drinks
- Film
- Finance
- Fitness
- Food
- Jogos
- Gardening
- Health
- Início
- Literature
- Music
- Networking
- Paranormal
- Outro
- Politics
- Stories
- News
- Party
- Science
- Religion
- Shopping
- Sports
- SyFy
- Politically Incorrect
- Philosophy
- Theater
- Technology
- Wellness