Cockburn v. Neal

How courts have described this case

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

• recognizing that “[a]n 11 insurer’s decision to deny benefits to its insured must be evaluated based on the information before the insurer at the time of that decision”
• demonstrating that where the plaintiff does not allege the insurer has denied payment, the claim under § 10-3-1115 is for unreasonable delay of payment
• holding the insurer’s alleged bad faith conduct must be evaluated based on the evidence before it when it made its coverage decision and, therefore, the insurer may not create new evidence to try to support its earlier coverage decision
• “[T]he only element at issue in the statutory claim is whether an insurer denied benefits without a reasonable basis.” (quotation marks and citations omitted)
• “[a]n insurer’s decision to deny benefits to its insured must be evaluated based on the information before the insurer at the time of that decision.”
• “an insurer’s decision to deny benefits to its insured must be evaluated based on the information before the insurer at the time of that decision”

Source: CourtListener parenthetical corpus (CC0).