Please E-mail suggested additions, comments and/or corrections to Kent@MoreLaw.Com.
Help support the publication of case reports on MoreLaw
Date: 10-18-2024
Case Style:
Kevin Earnest, et al. v. United Heritage Property & Casualty Company, et al.
Case Number: 2:24-cv-00982
Judge: Dominic W. Lanza
Court: United States District Court for the District of Arizona (Maricopa County)
Plaintiff's Attorney:
Defendant's Attorney: Ekaterina Sokolova and Shanks Leonhardt
Description:
Phoenix, Arizona bad faith breach of insurance contract lawyer represented the Plaintiff.
In Arizona, insurance companies are required to act in good faith and fairly with their policyholders. If an insurance company fails to meet this standard, the policyholder can sue for bad faith.
Here are some key points about bad faith breach of insurance contract law in Arizona:
Implied covenant of good faith and fair dealing
All insurance contracts in Arizona have an implied covenant of good faith and fair dealing. This means that insurance companies must act honestly and fairly to ensure that policyholders receive the benefits of their contract.
Unfair Claim Settlement Practices Act
This act establishes standards of conduct that insurance companies must meet.
Burden of proof
The policyholder must prove that the insurance company acted in bad faith. This requires proving two elements: the insurance company acted unreasonably, and the insurance company knew or should have known that its conduct was unreasonable.
Examples of bad faith
Some examples of bad faith include:
Denying claims without a justified reason
Delaying payment without justification
Failing to thoroughly investigate a claim
Misrepresenting important facts
Failing to make a claim decision within a reasonable time
Forcing a claimant to file a lawsuit to obtain benefits
Filing a complaint
To file a complaint, you should:
Outline the facts of your case
Detail your insurance policy
Describe the insurance company's alleged bad faith conduct
Enumerate the damages you've suffered
Submit your complaint to the appropriate court
Serve the complaint to the insurance company
Await the response from the insurance company
Outcome: Pursuant to the Stipulation for Dismissal of Claims With Prejudice (Doc. 31 ), this civil case is dismissed with prejudice. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (SLQ) (Entered: 10/18/2024)
Plaintiff's Experts:
Defendant's Experts:
Comments: