No Bad Faith Where Insurer’s Valuation of Claimant’s Injuries is in the Ballpark

In Hicks v. Progressive Casualty Insurance Co., 2015 U.S. Dist. LEXIS 71985 (C.D. Cal. June 1, 2015), the district court held that Progressive did not breach the implied covenant of good faith and fair dealing through its investigation of, and subsequent dispute of, plaintiff Chris Hicks’ damages in an arbitration of Hicks’ underinsured motorist claim.

Hicks was a passenger in an automobile driven by his mother and insured by Progressive when, on August 12, 2006, the automobile was involved in an accident with a …

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District Court Sleuthing Around Policy Numbering Undermines Insurer’s Motion for Summary Judgment

In Connolly v. Progressive Northern Insurance Co., et al., No. 3:13-cv-2717, 2015 WL 464877 (M.D. Penn. Feb. 4, 2015), the United States District Court for the Middle District of Pennsylvania denied Progressive Northern Insurance Company’s (“Progressive”) motion for summary judgment regarding whether the plaintiff could stack underinsured motorist coverage limits and whether the insurer had engaged in statutory bad faith.

Plaintiff was involved in a motor vehicle accident in February 2009.  The third party tortfeasor paid plaintiff his $250,000 policy limit.  Plaintiff subsequently made …

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“Other Insurance” Analysis Unnecessary If Policies Do Not Insure The Same Risk At The Same Level Of Coverage

This coverage dispute between the plaintiff,  Progressive, and the defendant, St. Paul, concerns their respective rights and obligations to their mutual insured Sonoma Valley Bancorp, in an underlying lawsuit. Progressive covered the cost of the defense and settlement of the underlying lawsuit and now seeks contribution from St. Paul.

The court noted that Progressive’s policy was a primary policy, with an “other insurance” provision. On the other hand, St. Paul’s policy was an excess and umbrella policy with an “other insurance” clause obligating St. Paul …

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