State Farm Fire and Casualty Company (State Farm) moved USDC to dismiss Genevieve Healy-Petrik's third cause of action for "bad faith." Ms. Healy-Petrik, who has an insurance scheme from from State Farm, claimed that State Farm's actions and inaction regarding the insurance policy constitute bad faith. But in Genevieve Healy-Petrik, an individual against State Farm Fire And Casualty Company, an Illinois company, Case No. 2: 20-cv-611, United States District Court of the District of Utah, Central Division (October 26). 2020) the USDC noted that in Utah does not recognize causes of damages in a first-party relationship between an insurance company and its insured.
Ms. Healy-Petrik brought three causes of action against State Farm: 1) breach of contract; 2) breach of good faith and fair trade and 3) bad faith. Healy-Petrik's claims relate to a property insurance she received from State Farm. State Farm agreed to cover part of the roof damage but not what she thought was a complete loss of property. Mrs Healy-Petrik argued that State Farm's actions and inaction constituted bad faith when State Farm failed to properly investigate the claim, refused to assess the damaged roof with a similar compensation and did not provide a copy of the insurance or identify the parts of the insurance that supported the decisions. .
Ms. Healy-Petrik's third cause of action for bad faith is not a decent claim for relief
The relationship between Mrs Healy-Petrik and State Farm stems from an agreement – the property insurance policy. The insurance creates a first-party insurance relationship that defines the parties' obligations and obligations. Utah does not acknowledge the causes of damages in a first-party relationship between an insurance company and its insured. Healy-Petrik's claim of unfaithfulness under tort law is essentially the same as Healy-Petrik's second allegation of breach of good faith and fair trade. The terms "bad faith" and "violation of good faith and fair trade" are used interchangeably in Utah contract cases.
State Farm is not entitled to attorney's fees
State Farm requests that the court award attorney's fees for the time and expense State Farm incurred by filing its application for termination. Here, Healy-Petrik's alleged infidelity had no basis in law, as it is not recognized as a clear trial, separate from her other allegations of breach of good faith and fair trade. Her bad claim to faith has no separate weight or significance, and as a result it is without merit.
In order to establish that a claim was not brought in good faith, a court must determine that at least one of the following factors existed: (i) the party lacked an honest belief in the correctness of the activities in question; (ii) the party intended to take advantage of other unconscious; or (iii) the party intended or acted with the knowledge that the activity in question would hinder, delay or deceive others.
State Farm has not sufficiently shown that Ms. Healy-Petrik did not act in good faith. Although Healy-Petrik's Council refused to refrain from the allegation of infidelity, this does not mean that Healy-Petrik's Council lacked an honest belief in the success of the claim, exploited others unconsciously or intended to prevent, delay, or deceive others. The interchangeable use of "bad faith" with "breach of good faith and fair trade" is admittedly confusing, and Mrs Healy-Petrik's claim of bad faith proved to be honest, even if the claim itself is without
State Farm's claim if dismissal was granted and Healy-Petrik's third claim is rejected with prejudice. Attorney's fees refused.
This is just a victory in name. The trial was cleared by removing a duplicate cause. State Farm must still defend the measure for breach of good faith agreement. It is important that Utah refuses to accept the damage of bad faith and finds that the measure for breach of good faith agreement and fair trade is a contractual requirement. The state is rare in that respect and, if I had my "duthers", it would be the law everywhere.
© 2020 – Barry Zalma
Barry Zalma, Esq., CFE, now limits his practice to service as an insurance consultant specializing in insurance coverage, insurance claims handling, infidelity and insurance fraud almost equally for insurers and policyholders, he also serves as an arbitrator or mediator in insurance-related disputes. than 52 years in the insurance industry.He can be found at http://www.zalma.com and email@example.com.
Mr. Zalma is the first recipient of the first annual Claims Magazine / ACE Legend Award.
Under For the past 52 years, Barry Zalma has devoted his life to insurance, insurance claims and the need to defeat insurance fraud, creating the following libraries of books and other materials. to enable insurers and their claims employees to become insurance claims staff.
https://zalma.com/zalmas-insurance-fraud-letter-2/ Last read two issues of ZIFL here.
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