U.S. District Court – Western District
An insurance company seeking a declaration of non-coverage is entitled to dismissal of the defendant’s tort-based counterclaims against it, including conversion, breach of the covenant of good faith, fraud, and intentional misrepresentation. The counterclaims all arise from non-payment of insurance claims under the policy – a contract. Thus, non-payment in this case isn’t actionable in tort.
Categories: Daily Dockets