Columbus Bar Assn. v. Bulson (Slip Opinion)

How courts have described this case

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

• applying the “unreasonable, frivolous, or unfounded” requirement from Kirk to a claim for insurance bad faith under UIM coverage
• applying Kirk’s “unreasonable, frivolous, or unfounded” standard to a bad faith, 8 UIM claim.
• “UIM insurers are allowed to assert liability defenses available to the tortfeasor because UIM insurance is designed to put the insurance company in the position of the tortfeasor with liability insurance.”
• “In order to avoid liability based on a material 24 misrepresentation, the insurance company must demonstrate that the insured knowingly made the 1 untrue representations and that, in making those representations, the applicant intended to 2 deceive the company.”
• “While 21 materiality is generally a mixed question of law and fact, it may be decided as a matter of law if 22 reasonable minds could not differ on the question.” (quoting Onyon, 859 F. Supp. at 1341) 23 24 (quotation marks omitted)
• “The insured’s 23 bare assertion that she did not intend to deceive the insurance company is not credible evidence of 24 1 good faith and, in the absence of credible evidence of good faith, the presumption warrants a 2 finding in favor of the insurance company.”

Source: CourtListener parenthetical corpus (CC0).