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Date: 07-17-2023
Case Style:
Case Number: 0:23-cv-00758
Judge: Jerry W. Blackwell
Court: United States District Court for the District of Minnesota (Hennepin County)
Plaintiff's Attorney: John C. Goetz
Defendant's Attorney: Brendan M. O'Connell
Description: Minneapolis, Minnesota insurance law lawyer represented Plaintiffs who sued Defendant on a bad faith breach of contract theory.
Minnesota has a statute that specifically addresses bad faith breach of insurance contracts. The statute, Minn. Stat. § 604.18, provides that an insurer who acts in bad faith in handling an insurance claim may be liable to the insured for actual damages, plus punitive damages.
To prove bad faith, the insured must show that the insurer:
Knew or should have known that its conduct was unreasonable;
acted with a conscious disregard for the insured's rights; and
caused the insured to suffer damages.
Insurance companies are required to act in good faith in handling insurance claims. This means that they must promptly investigate claims, fairly evaluate them, and promptly pay benefits if the claim is valid. If an insurance company fails to act in good faith, it may be liable for bad faith breach of contract.
There are a number of factors that can be considered in determining whether an insurer has acted in bad faith. These factors include:
The length of time it took the insurer to investigate the claim;
The amount of time it took the insurer to make a decision on the claim;
The reasons given by the insurer for denying the claim;
The insurer's past handling of similar claims; and
The insurer's overall conduct in handling the claim.
If you believe that your insurance company has acted in bad faith in handling your claim, you should contact an attorney. An attorney can help you assess your case and determine whether you have a claim for bad faith breach of contract.
Here are some examples of bad faith insurance practices in Minnesota:
Delaying or refusing to pay a claim without a legitimate reason.
Denying a claim based on false or misleading information.
Failing to investigate a claim thoroughly.
Failing to communicate with the insured about the status of a claim.
Treating the insured in a disrespectful or unprofessional manner.
If you believe that your insurance company has engaged in any of these practices, you should contact an attorney to discuss your legal options.
Outcome: 07/17/2023 21 JUDGMENT (Attachments: # 1 Civil Notice - appeal)(CLK) (Entered: 07/17/2023)
Plaintiff's Experts:
Defendant's Experts:
Comments: