Judge: Bad Faith Claim Fails For Failure To Allege, Prove Breach Of Contract

Judge: Bad Faith Claim Fails For Failure To Allege, Prove Breach Of Contract

JACKSON, Miss. - A homeowner arguing that his insurer acted in bad faith by requiring continued policy renewals on a policy destroyed by Hurricane Katrina saw his claims dismissed by a Mississippi federal judge on Jan. 18, who held that the failure to establish or even plead a breach of contract claim was fatal to the bad faith claim (Paul E. Mullen II M.D. v. Nationwide Mutual Insurance Co., No. 1:11-cv-00351, S.D. Miss.; 2013 U.S. Dist. LEXIS 7679).

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