Board of Tax Appeals· 8/13/1930
McClure Pine Co. v. Commissioner
Citations
- 20 B.T.A. 560
- 1930 BTA LEXIS 2092
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that there is a general duty of good faith for insurers that stems from 9 the fiduciary relationship with the insured, as explained in Tank
- holding that an insured may 6 maintain a bad faith claim for investigation of the insured’s claim and violation of Consumer 7 Protection Act even if the insurer was ultimately correct in determining coverage did not exist
- holding, however, that a first party insured is not entitled to a rebuttable presumption of harm
- noting that “an insured is not entitled to base a bad faith or [Consumer Protection Act, chapter 19.86 RCW] claim against its insurer on the basis of a good faith mistake”
- finding that failure to investigate first-party claim was in bad faith
- finding that a reasonable investigation is required before coverage is denied
Source: CourtListener parenthetical corpus (CC0).
Judges: Trammell
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