McIlravy v. North River Insurance 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 the “district court erred by granting [defendant’s] motion for summary judgment” where the issue of whether an insurer acted reasonably in continuing to deny a claim was for the factfinder
• holding there was a jury question for bad faith when defendant failed to conduct investigation
• explaining that the plaintiff must “present substantial evidence to establish the absence of a reasonable basis by [the insurer] for denying benefits” (emphasis added)
• noting that a “flawed investigation” may give rise to an inference of bad faith, but not if the insurer “had a reasonable basis for denial”
• stating that in the workers’ compensation context, a first-party bad faith cause of action “arises from the knowing failure to exercise an honest and informed judgment on the part of a defendant from whom the employee seeks compensation due to work-related injuries”
• “The two-part test for first-party bad faith applies no matter what type of insurance is provided by the defendant insurer, including workers’ compensation.”

Source: CourtListener parenthetical corpus (CC0).