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Date: 03-22-2024
Case Style:
Case Number: 2:24-cv-02030
Judge: Susan O. Hickey
Court: United States District Court for the Western District of Arkansas (Sebastian County)
Plaintiff's Attorney: Phillip L. Votaw - 479-434-6200
Defendant's Attorney: Fort Smith, Arkansas insurance defense lawyer represented the Defendant.
Description: Fort Smith, Arkansas insurance law lawyer represented the Plaintiff who sued on a bad faith breach of insurance contract theory.
This case was filed in the Circuit Court, Sebastian County, Arkansas, 66FCV-23-01157, and was removed to federal court by the Defendant.
The elements on a bad faith claim in Arkansas are:
Plaintiff has sustained damages, the insurance company acted in bad faith in an attempt to avoid liablityun the policy issued to the insured.
That the conduct of the insurer proximately caused damage to the insured.
“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.
Outcome: Settled for an undisclosed sum and dismissed with prejudice.
Plaintiff's Experts:
Defendant's Experts:
Comments: