· 9/20/1982
Casson v. Nationwide Insurance
Citations
- 455 A.2d 361
- 1982 Del. Super. LEXIS 766
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- denial must be for \reasonable justification\ or because \bona fide dispute existed\ e.g., where insurer's questions remained unresolved because insured refused \to undergo certain diagnostic procedures and rehabilitative measures\
- to establish bad faith, Plaintiff must show that “the insurer’s refusal to honor its contractual obligation was clearly without any reasonable justification”
- where language of policy is clear, insurer and insured are bound by its terms
- “In order for an insured to establish the contractual liability of an insurer for breach of an insurance contract, the insured must show that he has complied with all conditions precedent to the insurer’s performance.”
- no punitive damages if party believed that meritorious defense existed
- “[w]here the issue to be tried is one of disputed fact, the question of bad faith refusal to pay should not be submitted to the jury unless it appears that the insurer did not have reasonable grounds for relying upon its defense to liability.”
Source: CourtListener parenthetical corpus (CC0).
Judges: Walsh
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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