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Friday, March 16, 2012

Ind. Decisions - 7th Circuit decides one Indiana case today

In Foster v. State Farm (ND Ind., Springmann), a 20-page opinion replete with Indiana law, Circuit Judge Tinder writes:

This case presents two issues, both under Indiana law: First, whether the Fosters breached their insurance contract with State Farm by failing to comply with a section titled “Your Duties After Loss” and, second, whether State Farm’s delay in deciding the Fosters’ claim was in bad faith and therefore tortious. The district court granted State Farm’s motion for summary judgment. We affirm. * * *

The district court properly granted State Farm’s motion for summary judgment on both issues. Our conclusion should not be overread, however: We do not understand Morris to license badgering and irrelevant demands for documents and information or endless EUOs. But, notwithstanding the Fosters’ representations, that is not this case; Morris does require policyholders to perform their specific “duties after loss.” And that the Fosters did not do. AFFIRMED.

Posted by Marcia Oddi on March 16, 2012 01:26 PM
Posted to Ind. (7th Cir.) Decisions