Insurance
Aug. 13, 2009
An Ongoing Dispute
Both sides in insurance bad faith litigation need to continue monitoring developments to the genuine dispute doctrine.
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.
A cause of action for a tortious breach of the implied covenant (aka "the bad faith tort") can be stricken, regarding a legal or a factual controversy, if the insurer proffers a legally appropriate rationale for its position, whether ultimately correct or not. See, e.g., Chateau Chamberay Homeowners Association v. Associated International Insurance Co., 90 Cal.App.4th 335 (2001), which many consider the seminal decision in this area. Usually by means of a motion for summary adjudication ...
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