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Bad Faith Blog

We cover current issues, highlights and best practices exclusively on claims of bad faith and extra contractual damages.

Bad Faith Blog
April 21, 2015

Triable Fact Issues on Washington Bad Faith Claims

Summary: Great American insured Bayley, a general contractor on a $12.3 million renovation project in Orange County, California. After its air conditioning subcontractor was found to have violated California’s prevailing wage law, the Community College District served Bayley with a “Notice of Withholding Contract Payments” as well as the procedural right to dispute the withholding. On cross-motions for partial summary judgment the district court found that Great American had a duty to defend which Great American had breached, but also found in favor of Great American on the statutory and non-statutory bad faith claims.

Bad Faith Blog
March 30, 2015

Your Case is Pending on Appeal? If Malpractice is a Concern, Don’t Forget to Disclose

IntroductionIn Bar Plan Mutual Ins. Co. v. Likes Law Office, LLC, 2015 WL 6023075 (Ind. App. Oct. 15, 2015) (No. 02A03–1502–CT–65), the Indiana Court of Appeals examined an attorney’s duty to disclose a potential claim when completing a malpractice insurance renewal application—particularly when an attorney has a favorable judgment from a state’s intermediate appellate court, but the case is still pending before the state supreme court. The case serves as an apt reminder for attorneys to be mindful of how an appellate reversal could lead to a malpractice claim.