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BAKER, KEENER & NAHRA, LLP

Trial Attorneys

Posted by on Jan 29, 2018 in Recent Cases |

Defense verdict on insurance bad faith claim

Attorneys Bob Baker and Derrick Lowe, representing a large automotive insurance company and an insurance brokerage, successfully defended a bad faith claim asserted by a plaintiff in response to the rescission of his automobile insurance policy. In a week-long bench trial in Palm Springs, the judge agreed with our clients’ position that the plaintiff made several material misrepresentations during his application for insurance – including a failure to disclose the business use of his vehicle and lying about the garaging location of his vehicle – and concluded that our client had the absolute right to rescind the policy in view of these misrepresentations. For these reasons, the judge dismissed plaintiff’s claims that the insurance contract had been breached and that there had been any bad faith on the part of our clients.