Tag Archives: Faith

Bad Faith Without Breach of Contract? Indiana Supreme Court Says the Duty of Good Faith Includes the Manner of Handling the Claim

Insurance policies contain words that become ambiguous as technology and building practices change, causing good faith disputes over coverage to arise. While a good faith dispute over coverage does not constitute bad faith, one court suggested that an insurance company … Continue reading

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Carrier's Motion for Partial Summary Judgment in Bad Faith Action Denied

In Belsito v. Allstate Property & Casualty Insurance Company, the U.S. District Court for the Northern District of Ohio denied the carrier's motion for summary judgment that it did not act in bad faith when using fraud as a basis … Continue reading

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Demonstrating a party's failure to negotiate in good faith

Demonstrating a party's failure to negotiate in good faith Public Employees Federation and Roswell Park Cancer Institute, 34 PERB 3040 An employee organization must show that the employer, in exercising its management prerogatives, violated the parties' memorandum of understanding in … Continue reading

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Good Faith in Adding or Subtracting Plural Suffixes to Descriptive Strings

It is often pointed out that small differences matter when analyzing whether a disputed domain name is confusingly similar to a mark. This discernment is traceable to a 9th Circuit Court of Appeals, Entrepreneur Media, Inc. v. Smith, 279 F.3d … Continue reading

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Federal Court Makes Rare Bad Faith Finding in Delta Smelt Case

On September 16, 2011, in litigation challenging a biological opinion and reasonable and prudent alternative issued with respect to the effects of the Central Valley Project and State Water Project in California on the threatened delta smelt, the United States … Continue reading

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