Contractor's Affirmative Defenses Deemed Insufficient Pleading Of Bad Faith Claim

PORTLAND, Ore. - Even though a defendant building contractor had discussed possible bad faith by insurers in previous briefing, an Oregon federal judge on July 23 found that this did not constitute a proper assertion of the claim, further holding that allowing the contractor to raise the claim for the first time in a summary judgment motion would prejudice the insurers (The Charter Oak Insurance Co., et al. v. Interstate Mechanical Inc., et al., No. 3:10-cv-01505, D. Ore.; 2013 U.S. Dist. LEXIS 102725).

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