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Insurance

Jul. 18, 2002

Insurer Must Show Reasonableness of 'Genuine Dispute'

More than a decade ago, California courts began to summarily adjudicate out "bad faith" claims if the insurer proved that it had proper cause to withhold benefits because of a dispute (whether or not the insurer was actually correct) involving the legal issues related to the existence of coverage. See, e.g., Opsal v. United Servs. Auto. Ass'n, 2 Cal.App.4th 1197 (1991).

Rex Heeseman

JAMS

555 W 5th St Fl 32
Los Angeles , CA 90013-1055

Phone: (213) 253-9772

Fax: (213) 620-0100

Email: rheeseman@jamsdar.com

Stanford Univ Law School

Rex Heeseman retired from the Los Angeles Count Superior Court bench in 2014. He is at JAMS, Los Angeles. Besides speaking at various MCLE programs, he co-authors The Rutter Group's practice guide on "Insurance Litigation." From 2002 to 2015, he was an adjunct professor at Loyola Law School.

        Focus Column
        
        By Rex Heeseman
        
        More than a decade ago, California courts began to summarily adjudicate out "bad faith" claims if the insurer proved that it had proper cause to withhold benefits because ...

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