- Legal Expert News
- Law Firm News
- Career News
- Headline Legal News
- Legal Trend News
- Legal Business
- Local Court News
- Court Watch
- Legal Interview
- Topics in Legal News
- Press Release
- Politics & Legal
- Market News
- Constitutionality of murder conviction upheld by high court
- Supreme Court again refuses to hear Blagojevich appeal
- Clicking 'checkout' could cost more after Supreme Court case
- Supreme Court rejects anti-abortion pastor's appeal on noise
- Supreme Court hearing case about online sales tax collection
- Another key redistricting case goes in front of high court
- Court: Mexican family can't sue agent in cross-border death
- Supreme Court limits reach of tax crime statute
- Cambodian court denies opposition leader release on bail
- Martin Shkreli cries in court, is sentenced to 7 years for securities fraud
Plaintiffs allege that State Farm committed actionable fraud in the handling of the plaintiffs' claim. Plaintiffs primarily rely on their contention that State Farm ordered two engineering reports from Forensic in an effort to dishonestly minimize its liability to the plaintiffs rather than for any legitimate reason. ...
Plaintiffs contend that State Farm, acting through Renfroe and Forensic, deliberately underestimated the amount of wind damage the insured property sustained in order to minimize its liability under the plaintiffs' homeowners policy. While this allegation, if sustained, would support a finding of bad faith, it is not sufficient to support an allegation of fraud. Fraud requires reasonable reliance on a misrepresentation, and the plaintiffs have not relied upon State Farm's evaluation of their claim. Indeed plaintiffs have brought this lawsuit in an effort to establish that State Farm has underestimated the wind damage to the insured property. Although plaintiffs may prevail on the merits of their claims for additional policy benefits and other extracontractual damages, including punitive damages if they establish bad faith on the part of State Farm or its agents, in the absence of any evidence that the plaintiffs relied upon State Farm's damage assessment I can see no basis for a claim of fraud.
Thomas and Pamela McIntosh filed the lawsuit against State Farm after the company refused to pay for most of the damage to their home, which State Farm concluded was caused mostly by flood damage from the storm surge.
State Farm used E.A. Renfroe & Co. to inspect the McIntosh's home, and the couple also alleged that Renfroe aided and abetted State Farm's fraudulent misconduct and that the company breached its duty of loyalty to the plaintiffs. Senter dismissed the aiding and abetting claim as he concluded there was no underlying fraud, and also dismissed the breach of duty claim.
Legal News Media
Legal News is the top headline legal news provider for lawyers and legalprofessionals. Read law articles and breaking news from law firm's across the United States to get the latest updates. We reserve the right, at our discretion, to change, modify, add, or remove portions of the site at any time. Your This site is solely for your personal use. You are, of course, welcome to print or otherwise copy material from this site for your personal use. However, you may not distribute, exchange, modify, sell or transmit anything you copy from this Site, including but not limited to any text, images, audio and video, for any business, commercial or public purpose. Any unauthorized use of the text, images, audio and video may violate copyright laws, trademark laws, the laws of privacy and publicity and civil and criminal statutes.