A Guilford County jury has awarded $1.76 million to an insurance company which alleged that another insurer bungled a personal injury lawsuit in South Carolina federal court, leading to a $3.76 million mid-trial settlement. The case began with an ...

Tagged with: Bad Faith

  Because plaintiffs established a prima facie case of bad faith failure to insure, and because the defendant-insurer in its answer denied bad faith liability, the district court ruled that the insured waived the attorney-client privilege with respect to the ...

Tagged with: Attorney-Client Privilege Bad Faith

Holding: Even if a debtor filed for bankruptcy in response to a judgment against him and possessed significant assets, the district court did not err in finding that the debtor did not file for bankruptcy in bad faith. Background Appellee Peter ...

Tagged with: Bad Faith

  A Greensboro company acted in a bad faith when it raced to the courthouse to file a voluntary dismissal of its complaint mere hours after a judge had granted the defendants’ motion to dismiss their claims, and before the ...

Tagged with: Bad Faith

Dillon v. BMO Harris Bank, N.A. (Lawyers Weekly No. 003-018-16, 63 pp.) (Catherine Eagles, J.) 1:13-cv-00897; M.D.N.C. Holding: Plaintiff’s counsel hid the existence of plaintiff’s copy of a loan agreement for almost two years, all the while challenging the authenticity ...

Tagged with: Bad Faith

An insurance company that balked over paying benefits to a husband and wife killed in a 2010 car crash will now have to pay up a second time. The couple’s adult children have settled a bad-faith lawsuit against the insurer ...

Tagged with: Bad Faith

In re Caillaud (Lawyers Weekly No. 14-05-1010, 9 pp.) (J. Craig Whitley, J.) 13-30835; W.B.N.C. Holding: Even though the facts strongly suggest that the debtor attempted (1) to mislead her creditors, the trustee and this court, (2) to convert estate ...

Tagged with: Bad Faith Bankruptcy

For 19 years, Carl Johnson thought the so-called “blanket” insurance policy he had on his farm would protect him from any claims related to his work on or off the field.

Tagged with: Bad Faith

Eubank v. Van-Riel A New York attorney had a $100,000+ judgment against plaintiff. Plaintiff’s state-law claims against defendants arose when plaintiff learned that defendants had paid the New York attorney $30,000 that defendants owed to plaintiff. Although the New York attorney temporarily returned the funds to defendants in order to complete the steps necessary to comply with New York law, this did not toll the statute of limitations.

Tagged with: Bad Faith Civil Practice RICO Statute of Limitations Tort/Negligence Voluntary Dismissal

Andrew Fitzgerald's (pictured) first foray into title insurance was over a half-million-dollar success. He was hired by Reynolda Presbyterian Church in Winston-Salem to sue Chicago Title Insurance Company after the insurer allegedly failed to defend the church against claims its neighbors brought against it. The church housed its administrative offices in "Harper House," which was situated on one of two parcels it acquired in 2001. At the time it acquired the parcels, the church also purchased a policy of title insurance from Chicago Title. The policy covered the church for losses related to title of up to $100,000.

Tagged with: Bad Faith Insurance title insurance Treble Damages