Clearwater v. State Farm Mutual Automobile Insurance

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• holding that under Arizona law a claim for bad faith was not a personal tort and neither law nor public policy prevented the punitive damages aspect of the claim from being assigned
• holding that under Arizona law a claim for bad faith was not a personal tort and neither law nor public policy prevented the punitive damages aspect of the claim from being assigned
• holding that under Arizona law a claim for bad faith was not a personal tort and neither law nor public policy prevented the punitive damages aspect of the claim from being assigned
• explaining that while the applicable standard of 17 conduct is different, “[t]he duty to accept reasonable settlements in third-party situations 18 and the duty not to withhold payment of first-party claims ‘are merely two different aspects 19 of the same duty’”
• suggesting jury may consider “any other factors tending to negate or establish bad faith” besides the eight Clearwater factors
• finding punitive damages for insurer’s bad faith failure to settle assignable because such damages are not purely personal to assignor but are assessed to deter insurance companies’ abuses in litigation

Source: CourtListener parenthetical corpus (CC0).