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May 29, 2024

IS A DEMAND ALWAYS NECESSARY FOR BAD FAITH IN SETTLEMENT?

After citing Illinois, South Dakota, and Tennessee cases, the Court in Sacred Heart Health Serv's v. MMIC Ins., Inc., ___ F. Supp. 3d ___, No. 4:20-CV-4149-LLP, 2023 WL 3742544, at *26 (D.S.D. May 31, 2023), held that "an insurer may be liable for bad faith even if it did not receive a demand to settle within policy limits."  This case will be cited in DENNIS J. WALL, LITIGATION AND PREVENTION OF INSURER BAD FAITH (West Publishing Co. 3d Edition in 2 Volumes, 2024 Supplements to both of the 2 Volumes in process).

Please read the disclaimer.  This blog article ©2024 Dennis J. Wall.  All rights reserved.

Posted by on May 29, 2024 at 05:26 AM in Bad Faith, Settlement Demands and Offers, Settlements in Bad Faith Cases. |

Tags: #BadFaithInSettlement, #InitiatingSettlementNegotiations, #NoDemandNecessary

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