Silva v. Basin Western, Inc.

How courts have described this case

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

• stating, “[i]n a first-party claim, the insurance company owes a duty to its insured to adjust a claim in good faith that the insurance company does not owe [in third- party claims]”
• noting the “common misconception” that an insurer’s loss reserves are the same as settlement authority when, in actuality, “[t]he main purpose of a loss reserve is to comply with statutory requirements and to reflect, as accurately as possible, the insured’s potential liability”
• “The scope of discovery has thus been traditionally broader in first-party disputes between an insured party and his or her insurer. Reserves have been correspondingly more likely to be found discoverable in such actions.” (citation omitted)

Source: CourtListener parenthetical corpus (CC0).