Cases

Fireman’s Fund Ins. Co. v. Evergreene Props. of N.C., LLC, 2007 U.S. Dist. LEXIS 571 (D. Ark. 2007)

Insurer issued two insurance policies to Defendant’s nursing home. When suit was filed in Arkansas, the insurer employed counsel to defend the action and paid all costs associated with the defense. Insurer asked Defendant to contribute to a settlement and when Defendant refused, the insurer funded the settlement. Insurer then brought an action for reimbursement. Defendant counterclaimed for breach of contract and bad faith. Defendant’s motion for summary judgment was denied; since insurer paid all defense costs and did not seek reimbursement of those costs, there was no breach or bad faith. Insurer’s request that Defendant participate in funding the settlement is not a breach of contract. Although insurer’s right to reimbursement is a disputed fact, Defendant’s motion was denied. In later proceeding, Fireman’s Fund Ins. Co. v. Evergreene Props. of N.C., L.L.C., 2007 U.S. Dist. LEXIS 18920 (D. Ark. 2007), court granted summary judgment after finding MLMIC did not breach insurance contracts when they fully funded settlement within policy limits or filed lawsuit; MLMIC fulfilled terms of contract when it paid all defense costs and settled suit, and Evergreen failed to present evidence of bad faith).

Published by
David McGuffey

Recent Posts

2025 Spousal Impoverishment Standards

On November 15, 2024, the Centers for Medicare and Medicaid Services posted the 2025 spousal…

3 days ago

Social Security Disability versus Veteran’s Disability

The word disability doesn't have the same meaning in all contexts. If you have a…

2 weeks ago

Social Security Announces 2.5 Percent Benefit Increase for 2025

On October 10, 2024, the Social Security Administration announced that Americans will increase a 2.5…

1 month ago

Getting Organized

Many people think that estate planning is just having documents prepared. They have a lawyer…

1 month ago

Beneficiary who accepted inheritance under Will could not bring action for tortious interference

In Chambers v. Edwards, 365 Ga. App. 482 (2022), William Chambers sued his sister, Kathy…

2 months ago

Medicaid’s payment of medical bills does not bar recovery from negligent party

When an injured party sues someone who negligently injured him or her, one form of…

2 months ago