Leo Logan v. Commercial Union Insurance Company

How courts have described this case

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

• holding that “a mere allegation of bad faith is insufficient to overcome the work product privilege”
• holding the plaintiff forfeited the argument that the defendant had failed to meet its summary judgment burden where the plaintiff failed to make the argument in his summary judgment response
• discussing the relation between contract and tort theories of liability under Utah law, and distinguishing between third-party and first-party insurance
• stating that defendant met its burden under Rule 56(c) by “specifically identifying particular elements of [plaintiffs] claims that he would be unable to support with evidence at trial — a failing that would entitle [defendant] to judgment as a matter of law.”
• “[ojrdinarily under Indiana law ... an insured may bring breach of contract and breach of fiduciary duty claims against his insurer”
• “[T]he mere fact that litigation does eventually ensue does not, by itself, cloak materials with the work product privilege.”

Source: CourtListener parenthetical corpus (CC0).