Bad Faith Blog
June 16, 2016
Bad Faith Claims in Indiana May be Dismissed when the Facts Alleged Clearly Exclude Coverage
Summary: The Seventh Circuit Court of Appeals, applying Indiana law, considered an insurer’s duty to defend under a commercial general liability policy. The insured sued its insurer in the Southern District of Indiana for breach of contract and bad faith and sought a declaratory judgment that the insurer had a duty to defend. Since the complaint did not allege facts which would establish coverage, the District Court’s dismissal was affirmed.