Old Republic Insurance v. FSR Brokerage, Inc.

How courts have described this case

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

• holding that because allegations in the complaint fell squarely within the litigation privilege, insured “failed to state an applicable cause of action for bad faith”
• recognizing that in White, “the court clarified that [the litigation] privilege does not shield 10 all post litigation conduct by an insurer.”
• stating that scope of implied covenant is tied to express terms of policy and when policy benefits were never due to insured, courts have held that insured may not assert bad faith claim
• finding 14 waiver claim “not resolvable as a matter of law” where there was conflicting evidence as to the 15 party’s intent to waive
• “Whether there has been a waiver is usually regarded as a question of fact to be determined by 36 the jury.”
• “Whether there has been a waiver is usually regarded as a question of fact to be determined by the jury____”

Source: CourtListener parenthetical corpus (CC0).