Bad Faith Blog

Summary: Mercury Casualty provided auto liability insurance coverage with limits of $15,000/$30,000 to insured driver McDaniel who, while intoxicated, ran into and seriously injured two pedestrians. Mercury investigated, offered its policy limits, and allowed the claimants’ attorney to investigate McDaniel’s assets, but balked at language plaintiffs’ attorney added to the release to account for “court-ordered restitution.” After a stipulated judgment of $3 million against McDaniel, the pedestrians sued for breach of contract and common law bad faith, which resulted in a $3 million judgment plus interest and costs in their favor. The California Court of Appeal affirmed the judgment.

Summary: Lasorte brought suit against Certain Underwriters at Lloyd’s seeking payment on a stipulated judgment agreed to by Lasorte’s employer (the insured) after Lloyd’s refused to defend the employer. After Lloyd’s moved for summary judgment, the United States District Court warned that partial summary judgment in favor of Lasorte was likely regarding Lloyd’s liability, but not damages. Even if Lloyd’s had breached its duty to defend, Lasorte had to prove that the stipulated judgment was reasonable and entered into with good faith.