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Date: 12-15-2022

Case Style:

Rebecca Brewer Johnson and Randall Johnson v. Farmers Insurance Company

Case Number: 6:22-cv-00271

Judge: John F. Heil, III

Court: United States District Court for the Eastern District of Oklahoma (Muskogee County)

Plaintiff's Attorney:

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Defendant's Attorney: Tim Cain

Description: Muskogee, Oklahoma insurance law lawyer represented Plaintiff, who sued Defendant on a bad faith breach of contract theory claiming to have suffered more than $75,000 in injuries and/or damages as a direct result the denial of his claim.

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This case was filed in the District Court, Murray County, Oklahoma, case number CJ-22-00033, and was removed to federal court by Farmers.

Plaintiff claimed that he bought an insurance policy on her home in the event of loss on October 9, 2019. Plaintiffs home was damaged by wind and rain from a strong storm on July 20, 2021. Plaintiff made a claim, which was denied by Farmers.

"An insurer owes to its insured an implied-in-law duty of good faith and fair dealing that it will do nothing to deprive the insured of the benefits of the policy. * * * Included within this duty in the case of a liability insurance policy is the duty to act reasonably and in good faith to settle claims against the insured by a third person. * * * The violation of that duty sounds in tort notwithstanding that it may also constitute a breach of contract. * * * We think that, similarly, the implied-in-law duty of good faith and fair dealing imposes upon a disability insurer a duty not to threaten to withhold or actually withhold payments, maliciously and without probable cause, for the purpose of injuring its insured by depriving him of the benefits of the policy. We think that, * * * the violation of that duty sounds in tort notwithstanding that it also constitutes a breach of contract."...
Christian v. American Home Assur. Co., 577 P.2d 899, 1977 OK 141 (Okla. 1977)

Bad Faith Breach of Insurance Contracts by Kent Morlan

Outcome: Settled for an undisclosed sum and dismissed with prejudice.

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