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UNREASONABLE DENIAL OF COVERAGE

June 24, 2019

Comments

Not every denial of coverage amounts to bad faith. The denial must be unreasonable. It is possible that the insurance company breached the contract by failing to pay a covered claim, but did not act unreasonably in doing so. In that instance, there is no bad faith. Tomaselli v. Transamerica Ins. Co., 25 Cal. App. 4th 1269, 1280-1281 (1994); Opsal v. United Services Auto Ass’n, 2 Cal. App. 4th 1197, 1205 (1991).

Whether an insurance company acted unreasonably normally presents a question of fact for the jury. Walbrook Ins Co. v. Liberty Mutual Ins. Co., 5 Cal. App. 4th 1445, 1454 (1992); Filippo Industries, Inc. v. Sun Ins. Co., 74 Cal. App. 4th 1429, 1438 (1999); Davy v. Public National Ins. Co., 181 Cal. App. 2d 387, 397 (1960). But there are instances in which the court may decide, as a matter of law, that the conduct was either reasonable or unreasonable. See