bad faith claim (Vermont) · Go Syfert
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bad faith claim in Vermont

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.

Followed or applied (8)

CaseFollowedCited
In Re Appeal of Gadhuegreen
vt · 1987 · cited in 2 Vermont opinions naming this issue, 2017–2024
2 sentences

2024See Appeal of Gadhue, 149 Vt. 322, 330 (1987).

2017See Appeal of Gadhue, 149 Vt. 322, 330 (1987).

22
Stetler v. Foshagreen
ksd · 1992 · cited in 1 Vermont opinions naming this issue, 2026–2026
1 sentence

2026Myers, 146 Vt. at 555 , 508 A.2d at 691 ; see also Stetler v. Fosha, 809 F. Supp. 1409, 1429-30, 1433 (D.

11
Samuel De Dios v. Indemnity Insurance Company of North America and Broadspire Services, Inc.green
iowa · 2019 · cited in 1 Vermont opinions naming this issue, 2024–2024
1 sentence

2024He 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.

11
Hayes v. Aetna Fire Underwritersgreen
mont · 1980 · cited in 1 Vermont opinions naming this issue, 2019–2019
1 sentence

2019Savio 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).

11
Carmella M. Pinto v. Allstate Insurance Companygreen
ca2 · 2000 · cited in 1 Vermont opinions naming this issue, 2019–2019
1 sentence

2019The 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.

11
Bellville v. Farm Bureau Mutual Insurance Co.green
iowa · 2005 · cited in 1 Vermont opinions naming this issue, 2014–2014
1 sentence

2014Co., 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.

11
Warmka v. Hartland Cicero Mutual Insurancegreen
wis · 1987 · cited in 1 Vermont opinions naming this issue, 2004–2004
1 sentence

2004See, e.g., Warmka, 400 N.W.2d at 925 .

11
Bushey v. Allstate Insurancegreen
vt · 1995 · cited in 1 Vermont opinions naming this issue, 2004–2004
2 sentences

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”).

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”).

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Vermont. Read the followed side critically anyway.

Also cited on this issue (7)

CaseCitedYears
Hamill v. Pawtucket Mutual Insurance green
vt · 2005
2 sentences

2024Id. ¶¶ 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 .

22014–2024
Myers v. Ambassador Ins. Co., Inc. green
vt · 1986
2 sentences

2026Myers, 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.

12026–2026
Travelers Insurance Co. v. Savio green
colo · 1985
1 sentence

2019Savio 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).

12019–2019
Stahl v. Preston Mutual Insurance Ass'n green
iowa · 1994
1 sentence

2010Id.; 4 Stahl, 517 N.W.2d at 204 .

12010–2010
Monahan v. GMAC Mortgage Corp. green
vt · 2005
2 sentences

2008Foreclosure 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.

12008–2008
Serecky v. National Grange Mutual Insurance green
vt · 2004
1 sentence

2006Serecky, 2004 VT 63, ¶ 27 .

12006–2006
Bennington Realty, LLC v. Jard Co., Inc. green
vt · 1999
2 sentences

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.

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.

12002–2002

Statutes the citing opinions construe

VT § Vt. Stat. Ann. tit. 09, § 2461 (3)

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.

Where else courts name it

TX 149 (1985–2026) CA 135 (1958–2026) FL 134 (1984–2026) PA 125 (1975–2026) DE 122 (1988–2026) AL 111 (1982–2025) CT 103 (1989–2026) OH 89 (1980–2025) WA 78 (1991–2024) AZ 54 (1979–2026) CO 53 (1976–2026) OK 52 (1983–2026) WI 49 (1984–2025) IL 47 (1983–2026) KY 43 (1992–2026) IA 37 (1965–2026) MS 35 (1984–2024) IN 34 (1981–2026) GA 33 (1994–2025) WV 32 (1987–2026) DC 30 (1984–2024) NM 27 (1993–2023) TN 24 (1996–2017) NY 22 (1986–2023) NC 21 (1989–2026) MI 20 (1984–2026) SD 19 (1973–2026) NJ 18 (1986–2026) MT 18 (1990–2024) UT 18 (1992–2026) NV 16 (1987–2021) ID 16 (1989–2025) HI 16 (1995–2014) SC 15 (1989–2025) RI 13 (1988–2025) MO 13 (1995–2024) AK 12 (1978–2003) VT 12 (2002–2026) OR 12 (1974–2023) MN 11 (1976–2014) KS 9 (1982–2024) WY 8 (1991–2022) AR 7 (1985–2024) VA 7 (1990–2026) MD 6 (1968–2012) NE 6 (1992–2022) ND 6 (1993–2013) ME 6 (1989–2021) MA 5 (1991–2018) LA 3 (1987–2014)

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.

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