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Bad Faith Blog

We cover current issues, highlights and best practices exclusively on claims of bad faith and extra contractual damages.

Bad Faith Blog
March 5, 2017

Insured Ordered to Pay Attorney’s Fees to Insurer for Prosecuting Frivolous Appeal

Homeowners David and Kristina Parks, brought an action against Safeco Insurance Company alleging breach of contract and bad faith in handling the claim after a wildfire destroyed their house. Safeco then hired an appraiser to determine the actual cash value (“ACV”) of the destroyed house who determined the ACV to be $169,000. Safeco paid that amount five days after the determination. Safeco also advised the Parks of their options for recovering the full replacement cost. Safeco estimated that it would cost $440,195.55 to replace the home using equivalent construction. Safeco also informed the Parks that Safeco would “pay the replacement cost of the dwelling up to $440,195.55 or the amount actually incurred, whichever is less.”