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Mealey's Insurance - Bad Faith Jury Instruction Was Not Error, 10th Circuit Panel Says

DENVER - A district court's decision to instruct a jury that a bad faith claim in an auto coverage dispute was dependent upon a finding of breach of contract was not made in error, the 10th Circuit U.S. Court of Appeals said Jan. 7, noting that the insured's assignee attempted to alter the bad faith theory after the district court entered its final pretrial order (Luzetta Murphy-Sims v. Owners Insurance Co., No. 18-1392, 10th Cir., 2020 U.S. App. LEXIS 333).
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