Description: Birmingham, Alabama insurance lawyer represented Plaintiff, who sued Defendant on a bad faith breach of an insurance contract claiming to have suffered more than $75,000.
This case was initially filed in the Circuit Court of Jefferson County, v-20-902613, and was removed to federal court by the Defendant.
The elements of a bad faith refusal case are: (1) an insurance contract between the parties and a breach thereof by
the defendant; (2) an intentional refusal to pay the insured’s claim; (3) the absence of any reasonably legitimate or
arguable reason for refusal; (4) the insurer’s actual knowledge of the absence of any legitimate or arguable reason;
and (5) if the intentional failure to determine the existence of a lawful basis is relied upon, the plaintiff must prove the insurer’s intentional failure to determine whether there is a legitimate or arguable reason to refuse to pay the claim.
Outcome: STIPULATION of Dismissal Joint Stipulation of Dismissal by Travelers Home and Marine Insurance Company, The, Travelers Home and Marine Insurance Company, The. filed by Travelers Home and Marine Insurance Company, The, Travelers Home and Marine Insurance Company, The (Isenberg, Joel) (Entered: 01/23/2023)