Insurance Coverage Claims affected the disposition of other issues in a recent pending Bad Faith Case: Cleveland Construction Inc. v. Fireman's Fund Insurance Co., Download Cleveland Construction Inc. v. Fireman's Fund Insurance Co. (W.D.N.C. Case No. 3.09.cv.200, Order of Senior District Judge Mullen Filed July 19, 2010) FREE ACCESS also published as 2010 WL 2836105 (W.D.N.C. July 19, 2010)(Westlaw subscription required to access Westlaw).
First, the Federal Court granted the Plaintiff's Motion to Compel production regarding "Claim No. 80. "Plaintiff's Amended Complaint alleges bad faith and unfair or deceptive trade practices. Defendant's evidence as to Claim 80 would reveal patterns and practices of investigating and settling claims under the 'All Risk' insurance policy." Accordingly, the Federal Court granted the Motion to Compel in this regard. Cleveland Construction, 2010 WL 28326105 at *2.
Then, the Federal Court also granted the Plaintiff's Motion for Leave to File a Supplemental Expert Report, id., because of the additional discovery allowed in granting the Plaintiff's Motion to Compel.
Counsel and their clients in Bad Faith Cases will always want to keep their Insurance Coverage Issues in mind, even as they prosecute or defend the Bad Faith Claims in those Cases.
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This is a very interesting case.
Posted by: Texas Insurance | July 30, 2010 at 04:00 PM