Deanna Johnson v. State Farm Mutual Automobile Insurance Company

Little Rock, Arkansas insurance law lawyer represented the Plaintiff who sued on a bad faith breach of insurance contract theory.



This case was filed in the Saline County Circuit Court, 63CV-22-00944-2 and was removed to federal court by the Defendant.



AMI 2304 Issues—Tort of "Bad Faith” by Insurance Company—Burden of Proof

(Plaintiff) claims damages from (defendant) for "bad faith” and has the burden of proving each of three essential propositions:

First, that [he][she] sustained damages;

Second, that (defendant) acted in bad faith in an attempt to avoid liability under its policy issued to (plaintiff);

And third, that such conduct proximately caused damage to (plaintiff).

"Bad faith” is not the mere failure or refusal to pay a claim. "Bad faith” requires affirmative misconduct, without a good faith defense. The affirmative misconduct must be dishonest, oppressive, or carried out with a state of mind characterized by hatred, ill will, or a spirit of revenge.

[If you find from the evidence in this case that each of these propositions has been proved, then your verdict should be for (plaintiff); but if, on the other hand, you find that any of these propositions has not been proved, then your verdict should be for (defendant).]

02/12/2024 29 ORDER OF DISMISSAL granting 28 Plaintiff's motion; dismissing the Complaint and all claims against the Defendant with prejudice; and directing the Clerk to close the case. Signed by Judge James M. Moody Jr. on 02/12/2024. (llg)(Docket text modified on 2/12/2024 to correct the description of the document filed) (jak) (Entered: 02/12/2024)

02/12/2024 NOTICE OF DOCKET CORRECTION re 29 Order. CORRECTION: The docket text was modified to correct the description of the document filed as "ORDER OF DISMISSAL" as marked on the document. (jak) (Entered: 02/12/2024)