DeLaune v. Liberty Mutual Ins. Co.

How courts have described this case

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

• holding that, in action against insurer for failure to settle, “a cause of action based solely on negligence which does not rise to the level of bad faith does not lie”
• noting that acting in “bad faith” includes behaving in a negligent and otherwise unreasonable manner
• recognizing the right to first make an inquiry and evaluate merits of a claim before obligation to settle is triggered
• concluding that “evidence of negligence may be considered by the jury as it may bear on the question of bad faith,- [but] a cause of action based solely on negligence which does not rise to the level of bad faith does not lie”
• concluding that “evidence of negligence may be considered by the jury as it may bear on the question of bad faith, [but] a cause of action based solely on negligence which does not rise to the level of bad faith does not lie”
• affirming a verdict for the insurer on a bad faith claim where the insurer missed by one business day the claimant's \totally unreasonable\ ten-day offer acceptance deadline, which was the sole basis for the bad faith claim

Source: CourtListener parenthetical corpus (CC0).