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8 Wyoming opinions name it 1 courts 1991–2022 2 in the last five years
The cases below were cited by Wyoming 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 |
|---|---|---|
Roussalis v. Wyoming Medical Center, Inc.green2 sentences2012Center, Inc., 4 P.3d 209, 257 (Wyo.2000) that Wyoming would not follow comment e and litigation conduct would not be considered in a bad faith claim. 2010Center, Inc., 4 P.3d 209, 256-57 (Wyo.2000), to rule that litigation conduct could be considered in a bad faith claim. | 2 | 2 |
Hatch v. State Farm Fire & Casualty Co.green2 sentences2022“Thus, an insurer may be liable for its unreasonable, oppressive, and intimidating claims practices in investigating, handling, or denying a claim, even though the denial was appropriate.” Id. ¶ 19, 500 P.3d 256–57 (citing Hatch, 842 P.2d at 1099 and Shrader, 882 P.2d at 828 ). 22 (refusing to recognize a bad faith claim against workers compensation third-party administrators because Iowa workers compensation statutes do not apply to third-party administrators). 2021Co., 842 P.2d 1089, 1099 (Wyo. 1992). [A]bsence of a breach of an express term of the policy is not fatal to a bad faith claim where the plaintiff can prove a breach of the implied covenant of good faith and fair dealing. . . . [A] plaintiff may simultaneously bring an action both for breach of contract and for bad faith, and need not prevail on the contract claim in order to prevail on the bad faith claim, provided plaintiff proves a breach of the implied covenant of good faith and fair dealing. 8 Id. (quoting Deese v. State Farm Mut. | 1 | 2 |
McCullough v. Golden Rule Insurance Co.green1 sentence2002In McCullough v. Golden Rule Insurance Co., 789 P.2d 855, 860 (Wyo.1990), we held the appropriate test for determining whether there was bad faith is the objective standard of whether the validity of the denied claim was not fairly debatable. | 1 | 1 |
Federal Deposit Insurance Corporation, in Its Separate Corporate Capacity v. Aetna Casualty and Surety Companygreen1 sentence2000Co., 903 F.2d 1073, 1080 (6th Cir.1990) ("pressing a legitimate con-can certainly not be a basis tractual defense ... for a bad faith claim"); California Physicians' Service v. Superior Court, 9 Cal.App.4th 1321 , 12 Cal.Rptr.2d 95, 100 (1992); Nies v. Nat'l Auto. and Cas. | 1 | 1 |
California Physicians' Service v. Superior Courtgreen2 sentences2000Co., 903 F.2d 1073, 1080 (6th Cir.1990) ("pressing a legitimate con-can certainly not be a basis tractual defense ... for a bad faith claim"); California Physicians' Service v. Superior Court, 9 Cal.App.4th 1321 , 12 Cal.Rptr.2d 95, 100 (1992); Nies v. Nat'l Auto. and Cas. 2000Co., 903 F.2d 1073, 1080 (6th Cir.1990) ("pressing a legitimate con-can certainly not be a basis tractual defense ... for a bad faith claim"); California Physicians' Service v. Superior Court, 9 Cal.App.4th 1321 , 12 Cal.Rptr.2d 95, 100 (1992); Nies v. Nat'l Auto. and Cas. | 1 | 1 |
Chavez v. Chenowethgreen1 sentence1991See Chavez, 553 P.2d at 708-09 , bad faith claim allowed for unreasonable delay in first-party medical payments; however, the bad faith claim not allowed when alleged misrepresentations concerned third-party claims; Pixton v. State Farm Mut. | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Wyoming. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
State Farm Mutual Automobile Insurance Co. v. Shrader
green
2 sentences2022“Thus, an insurer may be liable for its unreasonable, oppressive, and intimidating claims practices in investigating, handling, or denying a claim, even though the denial was appropriate.” Id. ¶ 19, 500 P.3d 256–57 (citing Hatch, 842 P.2d at 1099 and Shrader, 882 P.2d at 828 ). 22 (refusing to recognize a bad faith claim against workers compensation third-party administrators because Iowa workers compensation statutes do not apply to third-party administrators). 2021The insurer must also, as part of the duty of good faith and fair dealing, “‘inform the insureds of the extent of the coverage afforded them under their policy before negotiating a settlement, especially when it is apparent that the insured does not know the extent of available coverage.’” Cathcart, ¶ 56, 123 P.3d at 598 -99 (quoting Shrader, 882 P.2d at 827 ).1 [¶20] Although an insured may maintain a bad faith claim for an insurer’s unreasonable, oppressive, and intimidating conduct in responding to and processing an insurance claim 1 The Bergantinos argue State Farm’s offer to pay Mr. Berga | 3 | 2002–2022 |
Wathor v. Mutual Assurance Administrators, Inc.
green
1 sentence2022Id. at 563 . 13 [¶75] Similarly, in Cary, the Colorado Supreme Court imposed a duty of good faith and fair dealing on third-party administrators who ran a self-funded health insurance plan for the City of Arvada. | 1 | 2022–2022 |
Dellaira v. Farmers Insurance Exchange
green
1 sentence2022Id. 14 14 Courts in Delaware, Arizona, Nevada, and South Dakota have also concluded that a third-party administrator can be liable for bad faith. | 1 | 2022–2022 |
Cathcart v. State Farm Mutual Automobile Insurance Company
green
1 sentence2021The insurer must also, as part of the duty of good faith and fair dealing, “‘inform the insureds of the extent of the coverage afforded them under their policy before negotiating a settlement, especially when it is apparent that the insured does not know the extent of available coverage.’” Cathcart, ¶ 56, 123 P.3d at 598 -99 (quoting Shrader, 882 P.2d at 827 ).1 [¶20] Although an insured may maintain a bad faith claim for an insurer’s unreasonable, oppressive, and intimidating conduct in responding to and processing an insurance claim 1 The Bergantinos argue State Farm’s offer to pay Mr. Berga | 1 | 2021–2021 |
Michael, G. v. Stock, J.
green
1 sentence2021They asserted “State Farm breached its duty of good faith and fair dealing by refusing to properly compensate [them] pursuant to the insurance agreement” and they “sustained damages in excess of the UIM policy limits and in an amount to be proven at trial.” Like their other bad faith claims, the Bergantinos’ separate claim for breach of the implied covenant does not pertain to State Farm’s actions in responding to or processing their claim independent from its failure to pay UIM benefits and we have already ruled they cannot maintain that bad faith claim because they were not entitled to such | 1 | 2021–2021 |
Scherer Construction, LLC v. Hedquist Construction, Inc.
green
2 sentences2010Although we recognized that resolution of a bad faith claim will generally involve a factual inquiry, a party is entitled to a judgment as a matter of law "if, under the facts in the record, the party's actions alleged as a basis for the breach of the implied covenant were in conformity with the clear language of the contract." Scherer, ¶ 19 n. 2, 18 P.3d at 654 n. 2. [¶ 86] The plaintiffs' argument generally focuses upon the defendants' actions before Mr. Hartman's February 22, 2006, letter advising them of the plaintiffs' interest. 2010Although we recognized that resolution of a bad faith claim will generally involve a factual inquiry, a party is entitled to a judgment as a matter of law "if, under the facts in the record, the party's actions alleged as a basis for the breach of the implied covenant were in conformity with the clear language of the contract." Scherer, ¶ 19 n. 2, 18 P.3d at 654 n. 2. [¶ 86] The plaintiffs' argument generally focuses upon the defendants' actions before Mr. Hartman's February 22, 2006, letter advising them of the plaintiffs' interest. | 1 | 2010–2010 |
Deese v. State Farm Mutual Automobile Insurance
green
1 sentence1992Deese v. State Farm Mutual Automobile Insurance Company, 838 P.2d 1265 -1270 (Ariz.1992). | 1 | 1992–1992 |
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.