Bad Pleading Bars Bad Faith/ Extra-Contractual Claims
Propitious and Connacht were co-owned. Propitious owned the building from whom Connacht leased the first floor to operate a restaurant and sports bar. Propitious insured the structure through Badger Mutual Insurance Company and Connacht insured its business through Society Insurance when the building and business had a damaging water loss. After Propitious and Connacht were unable to resolve their insurance claims with Badger and Society, they joined in a suit in which they jointly sued Badger and Society. Society moved to dismiss multiple counts and succeeded in getting those statutory bad faith and extra-contractual counts dismissed without prejudice.