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Date: 03-22-2024
Case Style:
Case Number: 2:23-cv-02375
Judge: Daniel D. Crabtree
Court: United States District Court for the District of Kansas (Wyandotte County)
Plaintiff's Attorney: Brendan C. Buckley - 816-561-3400
Defendant's Attorney: Derek H. Mackay, Mark W. Schmitz
Description: Kansas City, Kansas insurance law lawyer represented the Plaintiff who sued on a bad faith breach of insurance contract theory.
Kansas has adopted the National Association of Insurance Commissioners’ (“NAIC”) Unfair Claims Settlement Practices Model Regulation (1981), subject to certain limited exceptions. K.A.R. 40-1-34. This means that an insurer presented with a property and casualty claim must (1) acknowledge the claim within 10 days, (2) advise a first party claimant of the acceptance or denial of a claim within 15 days after receipt of proof-of-loss, and (3) complete its investigation within 30 days or provide updated notifications regarding the status of the claim every 45 days if it remains under investigation. See id. Please note that Kansas has not adopted the more recent or current NAIC model regulations.
Outcome: Settled for an undisclosed sum and dismissed with prejudice.
Plaintiff's Experts:
Defendant's Experts:
Comments: