Insurance
Oct. 17, 2008
Putting the Brakes on the 'Genuine Dispute' Doctrine
Two recent cases will make some judges think at least twice before granting an insurer's summary motion, let alone a demurrer.
Rex Heeseman
JAMS
555 W 5th St Fl 32
Los Angeles , CA 90013-1055
Phone: (213) 253-9772
Fax: (213) 620-0100
Email: rheeseman@jamsdar.com
Stanford Univ Law School
Rex Heeseman retired from the Los Angeles Count Superior Court bench in 2014. He is at JAMS, Los Angeles. Besides speaking at various MCLE programs, he co-authors The Rutter Group's practice guide on "Insurance Litigation." From 2002 to 2015, he was an adjunct professor at Loyola Law School.
FOCUS COLUMN
By Rex Heeseman A policyholder's cause of action based on the tortious breach of the implied covenant of good faith and fair dealing (aka "the bad faith tort") can in effect be stricken before trial if, regarding a legal issue relating to coverage, the insurer provides a sufficiently persuasive rationale for its position (e.g., the denial of the policyholder's claim for benefits, whether ultimately correct or not). See Opsal v. Unite...
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