Title: AMANDA EVANS, Plaintiff, v. THE STANDARD FIRE INSURANCE COMPANY d/b/a…
Court: United States District Court, District of Nevada
Case Number: 2:20-cv-01802-KJD-DJA
Date: Sep 23, 2022
Fact:
- Plaintiff Amanda Evans brought a suit against Defendant, The Standard Fire Insurance Company d/b/a Travelers, claiming breach of contract, violation of the Unfair Claims Practices Act, tortious breach of the covenant of good faith and fair dealing, bad faith, and negligent misrepresentation.
- The suit stemmed from an accident where Evans was rear-ended by another driver, resulting in injuries to her neck, back, and knee.
- Travelers issued an insurance policy to Evans, which included coverage for under-insured and uninsured motorists.
- Travelers offered Evans $3,000 in settlement, but Evans sought the full policy limit of $100,000.
- Travelers requested complete medical records and additional information to evaluate Evans’ claim.
Issue:
- Whether Travelers breached the insurance contract, violated the Unfair Claims Practices Act, acted in bad faith, or committed negligent misrepresentation.
Decision:
- Summary judgment is granted in favor of Travelers on the breach of contract claim, as there is a genuine dispute regarding the causation of Evans’ injuries.
- Summary judgment is granted in favor of Travelers on the claims of violation of the Unfair Claims Practices Act, as Travelers did not act unreasonably or in bad faith during the claim evaluation process.
- Summary judgment is granted in favor of Travelers on the claim of tortious breach of covenant of good faith and fair dealing, as Travelers had a reasonable basis for denying the full policy limit.
- Summary judgment is granted in favor of Travelers on the claim of bad faith, as there was a genuine dispute as to coverage, and Travelers acted reasonably.
- Summary judgment is granted in favor of Travelers on the claim of negligent misrepresentation, as there is no evidence that Travelers provided false information to Evans.
- Summary judgment is granted in favor of Travelers on the claim for punitive damages, as there is no evidence of oppression, fraud, or malice.
