Docket – September 14, 2018

U.S. District Court – Western District

Am. Fire & Cas. Co. v. Raleigh Mine & Indus. Supply Inc., WDVA at Abingdon (Jones).

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

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