Daily Archives: July 7, 2017

Zubillaga v. Allstate Indemnity Co. California Court Rules in Favor of Insured

Posted in: Accidental Death or Dismemberment, Bad Faith, Benefits, Insurance Bad Faith, Insurance Litigation Blog, Life Insurance July 07, 2017

Underlying every insurance contract in California is an implied promise of “good faith and fair dealing,” which requires that the insurer act in good faith when handling the insured’s claim.  If the insurer has a “genuine dispute” as to coverage, then the insurer will typically be found not to have acted in bad faith.  In a recent opinion, the California State Court of Appeal reversed a lower court ruling granting summary judgment in favor of the insurer on the genuine dispute doctrine.  Ultimately, the Court found that the insured raised an issue of material fact regarding whether the insurer reasonably relied on an expert opinion to repeatedly undervalue her claim.  In this article, we cover some of the basics of …

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