Insurance
Jul. 21, 2016
Opinion weighs in on 'genuine dispute' doctrine
A recent decision gives additional life to the doctrine after its scope was limited by the state Supreme Court in 2007.
Rex Heeseman
JAMS
555 W 5th St Fl 32
Los Angeles , CA 90013-1055
Phone: (213) 253-9772
Fax: (213) 620-0100
Email: rheeseman@jamsdar.com
Stanford Univ Law School
Rex Heeseman retired from the Los Angeles Count Superior Court bench in 2014. He is at JAMS, Los Angeles. Besides speaking at various MCLE programs, he co-authors The Rutter Group's practice guide on "Insurance Litigation." From 2002 to 2015, he was an adjunct professor at Loyola Law School.
Paslay v. State Farm General Insurance Co., 2016 DJDAR 6479 (June 27, 2016), reversed the trial judge's rulings completely in favor of State Farm only with respect to the breach of contract cause of action. Paslay notably concluded "that the bad faith claim fails under the genuine dispute doctrine, and that the evidence supporting the application of that doctrine precludes the existence of triable issues regarding the elder abuse claim."
The opinion gives ...
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