DEANNA MATT, PLAINTIFF, v. LIBERTY MUTUAL INSURANCE COMPANY, DEFENDANT., 798 F. Supp. 429

Summary

Plaintiff contended that the insurer acted in bad faith exposing its insured to judgment in excess of policy limits by failing to promptly settle a personal injury action in which liability on the part of its insured was clear. The court entered summary judgment in favor of the insurer on the grounds that the company's conduct did not amount to bad faith towards its insured. The court concluded that the action was based on nothing more than a temporary and minor dispute over the inclusion of plaintiff's no-fault carrier as a payee on the settlement check. Plaintiff argued that the court's finding that the failure to settle was based upon a breakdown in communication was erroneous, that the attention focused on the conduct of her personal injury attorney was improper, and that the court erred in ruling on the insurer's dispositive motion prior to considering plaintiff's motion to compel. The court ruled that order granting summary judgment was correct. The court reasoned that the ...