Significant Cases

Barry Miller and Tia Combs Obtained Judgment

Barry Miller and Tia Combs obtained judgment on the pleadings for an insurer accused of bad faith.

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Barry Miller and Tia Combs obtained judgment on the pleadings for an insurer accused of bad faith. The court agreed that the plaintiff did not timely offer proof that an insured driver caused his injuries. It found the plaintiff must establish three elements: (1) that the insurer was obligated to pay the claim; (2) that the insurer had no reasonable basis to deny the claim; and (3) that the insurer acted with reckless disregard for the claimant’s rights. The failure to offer proof on any element would have been fatal to the claim; the court found that the plaintiff failed on all three.

Hammons v. Barkdull

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