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12 Vermont opinions name it 2 courts 2002–2026 3 in the last five years
The cases below were cited by Vermont courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.
| Case | Followed | Cited |
|---|---|---|
In Re Appeal of Gadhuegreen2 sentences2024See Appeal of Gadhue, 149 Vt. 322, 330 (1987). 2017See Appeal of Gadhue, 149 Vt. 322, 330 (1987). | 2 | 2 |
Stetler v. Foshagreen1 sentence2026Myers, 146 Vt. at 555 , 508 A.2d at 691 ; see also Stetler v. Fosha, 809 F. Supp. 1409, 1429-30, 1433 (D. | 1 | 1 |
Samuel De Dios v. Indemnity Insurance Company of North America and Broadspire Services, Inc.green1 sentence2024He noted that the idea of privity between an employee and the employer’s workers’ compensation carrier has “always been a legal fiction,” and that what really matters in a bad faith claim is the “functional relationships that arise from insurance relationships, not privity of contract.” Id. at 632. | 1 | 1 |
Hayes v. Aetna Fire Underwritersgreen1 sentence2019Savio certainly need not exhaust an administrative remedy that is in fact nonexistent.” Id. at 1269 ; see also Hayes v. Aetna Fire Underwriters, 609 P.2d 257, 261 (Mont. 1980)(“an intentional or bad faith tort that arises, not out of the worker’s employment, but after his employment has ceased” is not barred by the statute). | 1 | 1 |
Carmella M. Pinto v. Allstate Insurance Companygreen1 sentence2019The court rejects this argument by adopting the view, expressed by the Second Circuit in Pinto v. Allstate Insurance Co., 221 F.3d 394, 403 (2d Cir. 2000), that the insured’s assignment of his or her bad faith claim against his insurer, to the excess judgment holder, in exchange for a covenant not to sue or release does not automatically extinguish the bad faith claim or render the excess judgment claim unenforceable. | 1 | 1 |
Bellville v. Farm Bureau Mutual Insurance Co.green1 sentence2014Co., 702 N.W.2d 468, 473 (Iowa 2005) (“The fact that the insurer’s position is ultimately found to lack merit is not sufficient by itself to establish ... a bad faith claim.”). ¶ 18. | 1 | 1 |
Warmka v. Hartland Cicero Mutual Insurancegreen1 sentence2004See, e.g., Warmka, 400 N.W.2d at 925 . | 1 | 1 |
Bushey v. Allstate Insurancegreen2 sentences2004See 164 Vt. at 402 , 670 A.2d at 809 (to recover on bad faith claim, plaintiff must show that insurer “had no reasonable basis to deny benefits of the policy” and “knew or recklessly disregarded the fact that no reasonable basis existed”). 2004See 164 Vt. at 402 , 670 A.2d at 809 (to recover on bad faith claim, plaintiff must show that insurer “had no reasonable basis to deny benefits of the policy” and “knew or recklessly disregarded the fact that no reasonable basis existed”). | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Vermont. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Hamill v. Pawtucket Mutual Insurance
green
2 sentences2024Id. ¶¶ 17–25. 2024We held in Hamill that “insureds may seek redress for such injuries through . . . bad-faith actions against their insurers.” 2005 VT 133, ¶ 14 . | 2 | 2014–2024 |
Myers v. Ambassador Ins. Co., Inc.
green
2 sentences2026Myers, 146 Vt. at 555 , 508 A.2d at 691 ; see also Stetler v. Fosha, 809 F. Supp. 1409, 1429-30, 1433 (D. 2026Myers, 146 Vt. at 555 , 508 A.2d at 691 ; see also Stetler v. Fosha, 809 F. Supp. 1409, 1429-30, 1433 (D. | 1 | 2026–2026 |
Travelers Insurance Co. v. Savio
green
1 sentence2019Savio certainly need not exhaust an administrative remedy that is in fact nonexistent.” Id. at 1269 ; see also Hayes v. Aetna Fire Underwriters, 609 P.2d 257, 261 (Mont. 1980)(“an intentional or bad faith tort that arises, not out of the worker’s employment, but after his employment has ceased” is not barred by the statute). | 1 | 2019–2019 |
Stahl v. Preston Mutual Insurance Ass'n
green
1 sentence2010Id.; 4 Stahl, 517 N.W.2d at 204 . | 1 | 2010–2010 |
Monahan v. GMAC Mortgage Corp.
green
2 sentences2008Foreclosure is not retaliatory because R&G filed its lawsuit first. *517 We reiterate that, to make out a bad-faith claim, borrower must produce evidence that could lead a reasonable jury to conclude that any lender “breached an implied-in-law promise not to do anything to undermine or destroy [borrower’s] rights to receive the benefit of the parties’ . . . agreement.” Monahan, 2005 VT 110, ¶ 3 . ¶ 54. 2008We stated that, for the purposes of bad-faith analysis, it was necessary to consider evidence of the lender’s intent and that “[discerning . . . true intention is a question of fact for the jury.” 2005 VT 110, ¶ 46 . ¶ 55. | 1 | 2008–2008 |
Serecky v. National Grange Mutual Insurance
green
1 sentence2006Serecky, 2004 VT 63, ¶ 27 . | 1 | 2006–2006 |
Bennington Realty, LLC v. Jard Co., Inc.
green
2 sentences2002Although we have stated that a party may not defeat Rule ll’s safe-harbor provision “by invoking the same residual powers of equity and justice that form the basis of the rule and its requirements,” Bennington Realty, 169 Vt. at 539 , 726 A.2d at 58 , there is no doubt that courts have inherent power, independent of Rule 11, to award attorney’s fees in exceptional cases based on the bad-faith conduct of litigants. 2002Although we have stated that a party may not defeat Rule ll’s safe-harbor provision “by invoking the same residual powers of equity and justice that form the basis of the rule and its requirements,” Bennington Realty, 169 Vt. at 539 , 726 A.2d at 58 , there is no doubt that courts have inherent power, independent of Rule 11, to award attorney’s fees in exceptional cases based on the bad-faith conduct of litigants. | 1 | 2002–2002 |
Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.
Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.