NO COVERAGE, NO BAD FAITH MEANT SEVERANCE IN THIS CASE.

The usual rule is no coverage, no bad faith.  That can mean severance for the insurance carrier where there are multiple coverage and bad faith claims in the same case against it.    See, e.g., Optical Works & Logistics, LLC v. Sent inel Ins. Co., No. 15-163-JJM-LDA, 2021 WL 928275, at *3 (D.R.I. March 11, 2021) ("The Court notes the well-established practice of severing a bad faith claim from a breach of contract claim because a defendant cannot be liable for bad faith if it did not breach the contract.  [Citations omitted.]  So, the Court bifurcates these two claims and orders a separate trial of the breach of contract claim, which will be heard first and then, if the jury finds Hartford liable for breach, the trial on the bad faith claim will take place.").

Please read the disclaimer.  ©2021 Dennis J. Wall. All rights reserved.