02/14/2013 05:52:19 PM EST
Judge Strikes Third-Party Bad Faith Defense As Improperly Raised
GREENVILLE, S.C. - An injured third party in a declaratory judgment action was not owed a duty of good faith by a tree service's insurer, a South Carolina federal judge ruled Feb. 11, also finding that the bad faith assertion was improperly raised as an affirmative defense (Canopius US Insurance Inc. v. Mattie Faye Sloan, et al., No. 6:12-cv-01917, D. S.C.; 2013 U.S. Dist. LEXIS 18066).
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