It Takes a Great Deal of “Chutzpah” to Sue for a Defense After an Appellate Court Declares the Policy Void

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Yusuf Murad appealed from an order of the Jefferson Circuit Court granting summary judgment in favor of GEICO Indemnity Insurance Company (“GEICO”). As a prior panel of the Court determined that the insurance policy between was void ab initio as a matter of law, there was no error in the Jefferson Circuit Court’s conclusion that Appellee had no duty to defend Appellant. In Yusuf Murad v. Geico, NO. 2020-CA-0518-MR, Commonwealth of Kentucky Court of Appeals (May 28, 2021) Murad sought defense and bad faith damages because GEICO refused to defend.

ZALMA OPINION

Some people seem to believe that when an insurance company refuses to defend or indemnify an insured they automatically will get rich by suing the insurance company for bad faith. The plaintiffs in this case, with “chutzpah” (unmitigated gall), sued an insurer for bad faith after a court of appeal concluded the policy was void from its inception and the Supreme Court refused to consider the case, making the decision the law of the case.