Failure To Ensure Receipt Of Demand Defeats Bad Faith Claim, 9th Circuit Rules

Failure To Ensure Receipt Of Demand Defeats Bad Faith Claim, 9th Circuit Rules

SAN FRANCISCO - Because there is no evidence that an insurer ever received a demand letter that was sent to an incorrect address in an underlying personal injury case, a Ninth Circuit U.S. Court of Appeals panel on June 27 ruled that the insurer cannot be found to have acted in bad faith by not responding to that demand (James Kelly v. CSE Safeguard Insurance Co., No. 11-17440, 9th Cir.; 2013 U.S. App. LEXIS 13246).

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