· 10/5/1911
Townsend v. Gorin
Citations
- 144 Ky. 671
- 139 S.W. 865
- 1911 Ky. LEXIS 709
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that alleging three other instances of unfair claims settlement practices, in which either the same or similar damage occurred and identical policy language was involved, was sufficient to survive a motion to dismiss
- considering the insurer’s allegedly similar treatment of three other insureds alongside other factors, including that insurer had an “incentive and mechanism to avoid liability under its current policy language”
- denying motion to dismiss good faith and fair dealing claim in light of allegations that defendant “intentionally referred to irrelevant and misleading portions of the Policy in its letter” and “was aware that the relevant section of the Policy, Section 8, had been (and likely would be
- if the parties’ competing interpretations of a term are both reasonable, the term is ambiguous
- “[T]he three alleged other instances of unfair settlement practices are sufficient because of the degree of similarity between them and the Belzes' case[.]”
- the three alleged other instance of unfair settlement practices were sufficient to state a CUIPA claim because of the degree of similarity between them and the plaintiffs’ case
Source: CourtListener parenthetical corpus (CC0).
Judges: Hobson
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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