Powell v. Prudential Property & Cas. Ins. Co.

How courts have described this case

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

• recognizing that in a bad faith action the insurer has the burden of showing that there was no realistic possibility of settlement within the policy limits
• holding that claimant’s failure to make a set- tlement demand and subsequent rejection of insurer’s tender of policy limits “are only two of a number of circumstances to be weighed by the fact-finder”
• holding that bad-faith claim was not precluded where insurer tendered policy limits, because insurer had not responded to settlement offer for over sixty days and after lawsuit had been filed, which jury could find unreasonable
• holding that bad-faith claim was not precluded where insurer tendered policy limits, because insurer had not responded to settlement offer for over sixty days and after lawsuit had been filed, which jury could find unreasonable
• noting in a bad faith action that it is the insurer's burden to show \that there was no realistic possibility of settlement within policy limits\
• describing a case where driver of insured vehicle struck two pedestrians from behind, and was eval- uated at “80-100%” liability, as a case of “clear liability”

Source: CourtListener parenthetical corpus (CC0).