... to Demonstrate Bad Faith Bias, Court Rules.
The holding in the following case deserves a lot of emphasis.
Worth Bargain Outlet, Inc. v. AMCO Insurance Co., Download Worth Bargain Outlet, Inc. v. AMCO Insurance Co. (S.D. Cal. Case No. 09.cv.839, Order Filed July 21, 2010) FREE ACCESS OFFICIAL REPORT also published as 2010 WL 2898264 *11 (S.D. Cal. July 21, 2010)(Westlaw subscription required to access Westlaw), is a case which involved alleged First-Party Bad Faith. In Worth Bargain Outlet, a Plaintiff-Policyholder which suffered a fire loss argued that one of the grounds for its alleged Bad Faith Claims was that the Defendant Insurance Company "'dishonestly selected its experts' and those 'experts were unreasonable' in their investigation of Plaintiff's claim." The one and "only argument Plaintiff puts forth to suggest a biased investigation is the fact that [Defendant's Expert] was hired 20 times by Defendant before Plaintiff's claim, and 30 to 40 times since." [Emphasis added.] The Worth Bargain Outlet Court held that this was not enough by itself either to show bias or to demonstrate a basis for a First-Party Bad Faith Claim. Worth Bargain Outlet, 2010 WL 2898264 at *11.
The Online Docket of this Federal Case on Pacer reflects a Notice of Settlement, filed on August 20, 2010.
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