A Motion in Limine was granted to ALLOW evidence at Trial of Claim Handling on the FDIC's Fiduciary Claims against Safeco Insurance Company of America, even though the FDIC's Bad Faith Claims were all previously dismissed, in FDIC as Receiver for Netbank, FSB v. Safeco Insurance Co. of America, 2011 5865867 *1 (D. Nev. November 18, 2011), Download FDIC as Reciever for Netbank, FSB v. Safeco Ins. Co. of Am. (D. Nev. ENTERED ON PACER AS Case No. 2.02cv10151, Order November 18, 2011) PUBLIC ACCESS.
Fiduciary Breach is often so closely related to alleged Bad Faith Claims Handling that the same evidence can prove even the different elements of one or the other. The lesson? Objectively verifiable Good Faith Claims Handling defeats a host of troubles. What is objectively verifiable? It is Good Faith Claims Handling which can be proven, sometimes so clearly, that no further evidence of it is required to defeat any Claim based on that set of facts.
Even objectively verifiable Good Faith Claims Handling does not come with absolute guarantees, however. Sometimes it will take a finder of fact to decide whether Claims Handling was a Fiduciary Breach, as it will take a finder of fact to decide that issue at Trial under the ruling in this case.
PACER, the Online Electronic Docket of the Federal Courts, reveals that the Jury returned a Verdict in this case for the Plaintiff FDIC on December 8, 2011, in the amount of $60,475,293.90.
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