First State Insurance v. Kemper National Insurance

How courts have described this case

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

• concluding that parties are entitled to 16 claims for both bad faith and negligence because “a party may fail to use ordinary care yet still 17 not act in bad faith”
• concluding that parties are entitled to claims for both bad faith 2 and negligence because “a party may fail to use ordinary care yet still not act in bad 3 faith”
• recognizing ordinary care standard for a negligent claim handling
• recognizing ordinary care standard for a negligent claim handling
• excess insurer may assert a Consumer Protection Act claim which the insured could have brought against the primary insurer
• jury verdict for bad faith reversed where trial court improperly excluded CPA and negligence claims

Source: CourtListener parenthetical corpus (CC0).