United States of America v. Travelers Casualty and Surgty Company

Portland, Maine insurance law lawyer represented Plaintiff, who sued Defendant on a bad faith breach of insurance contract theory.<br>
<table><br>
<h1><br>
<center><br>
<P><br>
<img width="300" src="http://www.morelawtv.com/wp-content/uploads/2023/02/Bangor_ME_Fed.jpg" alt="Portland, Maine"><br>
<P><br>
Federal Courthouse - Portland, Maine<br>
<P><br>
<a font="red" href="https://www.morelaw.com/maine/news/portland/" target="_new">MoreLaw Legal News For Portland, Maine</a><br>
</font><br>
</center><br>
</h1><br>
</table><br>
</center><br>
This case was filed in the York County Superior Court, ALFSC-CV-21-00168, and was removed to federal court by Defendants.<br>
<br>
Title 24 Main Insurance Code §2436-A. Unfair claims settlement practices<br>
1. Civil actions. A person injured by any of the following actions taken by that person's own insurer may bring a civil action and recover damages, together with costs and disbursements, reasonable attorney's fees and interest on damages at the rate of 1 1/2% per month: <br>
A. Knowingly misrepresenting to an insured pertinent facts or policy provisions relating to coverage at issue; [PL 1997, c. 621, §1 (RPR).]<br>
B. Failing to acknowledge and review claims, which may include payment or denial of a claim, within a reasonable time following receipt of written notice by the insurer of a claim by an insured arising under a policy; [PL 1997, c. 621, §1 (RPR).]<br>
C. Threatening to appeal from an arbitration award in favor of an insured for the sole purpose of compelling the insured to accept a settlement less than the arbitration award; [PL 1997, c. 621, §1 (RPR).]<br>
D. Failing to affirm or deny coverage, reserving any appropriate defenses, within a reasonable time after having completed its investigation related to a claim; or [PL 1997, c. 621, §1 (RPR).]<br>
E. Without just cause, failing to effectuate prompt, fair and equitable settlement of claims submitted in which liability has become reasonably clear. [PL 1997, c. 621, §1 (NEW).]<br>
[PL 1997, c. 621, §1 (RPR).]<br>
2. Without just cause. For the purposes of this section, an insurer acts without just cause if it refuses to settle claims without a reasonable basis to contest liability, the amount of any damages or the extent of any injuries claimed. <br>

03/15/2023 35 ORDER ON SUMMARY JUDGMENT granting 20 Motion for Summary Judgment; denying 21 Motion for Partial Summary Judgment By JUDGE JOHN A. WOODCOCK, JR. (CCS) (Entered: 03/15/2023)<br>
03/15/2023 36 JUDGMENT By JUDGE JOHN A. WOODCOCK, JR. (mlm) (Entered: 03/15/2023)