Kiner v. Reliance Insurance Co.

How courts have described this case

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

• recognizing the tort of bad faith in Iowa and modifying the second prong of the first-party bad faith test therein
• reversing district court’s order for remittitur when the only basis for remitti-tur was that the jury verdict was “merely excessive”
• “To show a claim for bad faith, a plaintiff must show the absence of a reasonable basis for denying benefits of the policy and defendant’s knowledge or reckless disregard of the lack of a reasonable basis for denying the claim.”
• “To show a claim for bad faith, a plaintiff must show the absence of a reasonable basis for denying benefits of the policy and defendant’s knowledge or reckless disregard of the lack of a reasonable basis for denying the claim.”
• issue of whether claim was “fairly debatable” was for the jury, where a reasonable factfinder could conclude that the insurer failed to exercise an honest and informed judgment in denying the claim, and thus, could conclude that the insurer’s denial was not fairly debatable
• applying a two-year statute of limitations to a slander claim

Source: CourtListener parenthetical corpus (CC0).