Hat v. Depositors Insurance
Hat v. Depositors Insurance
Opinion of the Court
MEMORANDUM
In her bad faith action, Amanda Hat claimed that her insurer, Depositors Insurance Company (“Depositors”), breached its contractual obligation to act in good faith as it resolved her uninsured motorist claim. Depositors moved for summary judgment, and the district court granted the motion, finding no bad faith because a genuine dispute existed as to the amount owed and any delays were due to Hat’s ongoing treatment for her injuries.
“An insurer denying or delaying the payment of policy benefits due to the existence of a genuine dispute with the insured ... as to the amount of the insured’s coverage claim is not liable in bad faith.” Chateau Chamberay Homeowners Ass’n v. Assoc. Int’l Ins. Co., 90 Cal.App.4th 335, 108 Cal.Rptr.2d 776, 784 (Ct.App. 2001).
Taking the facts in the light most favorable to Hat, we cannot conclude, as a matter of law, that Depositor’s actions were reasonable throughout its review of Hat’s claim for policy benefits. To the contrary, it would be reasonable for a jury to find no genuine dispute as to the claim amount in the period of apparent inactivity between August 2003 and November 2004, during which Depositors possessed all of Hat’s medical records,
Because the district court found the intentional infliction of emotional distress and punitive damages issues moot in light of its holding as to bad faith, which we here reverse, we also reverse and remand so that the district court may decide these claims in the first instance.
This reversal also operates to reverse the taxation of costs undertaken pursuant to the judgment. See Amarel v. Connell, 102 F.3d 1494, 1523 (9th Cir. 1996).
REVERSED and REMANDED.
This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.
. As Depositors concedes, the district court's alternate holding that Depositors did not breach its obligations under the contract and therefore could not be found to have acted in bad faith was flawed. See Schwartz v. State Farm Fire & Cas. Co., 88 Cal.App.4th 1329, 106 Cal.Rptr.2d 523, 531 (Ct.App. 2001).
. Though Depositors claims it waited to assess the impact of Hat's ongoing chiropractic treatment, the record only alludes to “occasional visits” after the initial treatment on January 12, 2004 and suggests Depositors did not even know about this limited treatment until May 18, 2005. Thus, Depositors cannot rely on the chiropractic treatment for their delay between August 2003 and November 2004, and the district court erred in attributing the delay to Hat.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.