Plaintiff filed a lawsuit against her automobile insurance carrier, Granite Insurance Company (“Granite”), for breach of contract and bad faith in investigating her insurance claim. Plaintiff also named as a Defendant American International Group (“AIG”), the holding company for Granite. Granite is one of AIG’s subsidiaries. There was no question in this case that the
faith
Insurance – Bad Faith
By Steven V. Buckman on
Posted in Bad Faith
An apartment complex sustained a fire loss to its business and hired a public adjuster to assist in preparing the property damage claims. Subsequently, the apartment complex assigned its interest in the bad faith claims against the insurance company and insurance agency to the public adjusting company and, in turn, the public adjuster filed suit…
Bad Faith Action For Damages Claimed By A Homeowner
By Steven V. Buckman on
Posted in Bad Faith
A husband and wife purchased a home in which the mortgage holder carried the property insurance policy in the name of the mortgage company. At some point, the couple’s home was damaged by a water leak resulting in significant flooding to their home. The homeowners submitted a claim to the insurance company requesting payment for…
Litigation Misconduct In Bad Faith Litigation
By Steven V. Buckman on
Posted in Bad Faith
An insurance company was sued for breach of contract and bad faith and received summary judgment by the trial court. The insured appealed to the Oklahoma Court of Civil Appeals who affirmed in part and reversed in part the trial court’s ruling holding that while a breach of contract did exist since the insurer denied…
Bubba Sued With A Declaratory Judgment Action By His Own Insurance Company
By Steven V. Buckman on
Posted in Bubba on Oklahoma Law
Bubba had “another one of them envelopes” sitting down at the Post Office. The lady wouldn’t let him peek at this one either. He figured it was the “declaration of war suit.” After the EUO, the other lawyer made the comment this might end up as a “dec action.” I had explained to…
Oklahoma Attorneys Often Use Bad Faith To Increase Damage Awards
By Steven V. Buckman on
Posted in Bad Faith
Oklahoma lawyers suing insurance companies for breach of contract in first-party cases find themselves limited by the damages which can be awarded for breach of contract. Under 23 O.S. § 21, the measure of damages for breach of contract is the amount which will compensate a party for the damage. In Osborn v. Comanche Cattle Industries, Inc.…
Bubba’s Luck: The Fire Burned Down His House
By Steven V. Buckman on
Posted in Bubba on Oklahoma Law
Bubba came to the office last week without an appointment. He was hotter than a firecracker on the 4th of July. He was ranting about wanting to sue his insurance company for “bad fate” and that I could have all of the money from the lawsuit. He said I could put it all in that…