United States Ninth Circuit

In a suit against insurers for breach of the implied covenant of good faith and fair dealing, the district court's rejection of plaintiff's request, to instruct the jury that it could consider insurer's failure to effectuate a settlement in determining whether it breached the implied covenant, is affirmed where although the district court legally erred in holding as a matter of law that an insurer’s duty of good faith and fair dealing cannot be premised on the insurer’s failure to effectuate settlement in the absence of a reasonable demand, the district court did not abuse its discretion in refusing the instruction because there was no evidentiary foundation for it.

Appellate Information

• Decided 06/11/2012
• Published 06/11/2012

Judges

• Chen

Court

• United States Ninth Circuit

Counsel