William Bayle v. Allstate Insurance Company

How courts have described this case

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

• noting that, under Louisiana law, “[b]reach of contract is a condition precedent to recovery for the breach of the duty of good faith”
• stating once the defendant makes a prima facie showing the burden shifts to the plaintiff who must produce evidence of a material factual dispute
• explaining the “simple, burden-shifting minuet” that “arises from the effect of summary judgment on the burdens of production and not any shift between the parties’ respective burdens of persuasion” in an insurance case under analogous Louisiana law
• “Breach of contract is a condition precedent to recovery for the breach of the duty of good faith . . . .”
• “When, as here, jurisdiction is based on diversity, we apply the forum state’s substantive law.”
• “we could find no suggestion in Louisiana law that insureds are ever relieved of the burden of proving damages.”

Source: CourtListener parenthetical corpus (CC0).