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July 2012

Phoenix Office Obtains Summary Judgment in Bad Faith Claim

Phoenix partner John Condrey obtained dismissal of an insurance bad faith claim through summary judgment.  The client, an insurance company, was accused of bad faith in denying a life insurance claim when the policy had not been paid for and issued prior to the death of the Plaintiff's husband.  The Plaintiff claimed her son, who was an agent of the insurance company, sent the check for the policy premium prior to her husband's death and that "delivery" of the policy was not required for it to be in force.  Through discovery it was revealed that the Plaintiff's son had mailed the premium check within hours of learning of his father's hospitalization and also made several other misrepresentations.  The Federal District Court for the District of Arizona found that no policy was in place as of the date of death and granted summary judgment on behalf of the insurance company, dismissing the complaint. 

John L. Condrey