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 can be liable for bad faith if it fails to fairly treat its policyholders during its investigation of the claim.
The Indiana Supreme Court recently affirmed a jury verdict finding that an insurer acted in bad faith in denying its policyholders’ claim, even though the denial was found to be valid.
In , the Supreme Court of Indiana held, “[a] good faith dispute over coverage…did not preclude finding of bad faith and award of punitive damages based on insurer’s conduct leading up to and including the issuance of the denial letter.”
The insured, Magwerks, brought suit against Monroe Guaranty Insurance Company, a commercial property insurer, to recover for breach of contract and bad faith and sought punitive damages. The trial





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