In a decision that, on the face of it, seems dated a little prematurely, Download Jansma v. Patrons Mut. Insurance Co. (Conn. App. Ct., Case No. 31705, Opinion Filed for Publication on March 1, 2011) PUBLIC ACCESS, NOT FINAL,, also published as 2011 WL 638295 (Conn. App. "Decided [actually, to be published on] March 1, 2011")(authorized password required to access Westlaw), the Appellate Court of Connecticut rejected a contention that allegedly "premature" appraisal in a first-party case constituted actionable bad faith. The plaintiffs claimed that the defendant Homeowner's Insurance Company delayed payment of their claim by electing to proceed to appraisal. (The Homeowner's Insurance Company in this case paid the full amount of the Appraisal Award. After that, the Plaintiffs filed this lawsuit for Bad Faith, and also for alleged breach of contract, negligent infliction of emotional distress, intentional infliction of emotional distress, and several statutory violations.)
To the contrary, in the Court's eyes, "our review of the record, including the policy, reveals that the defendant was fully justified in electing appraisal. Thus, the [Superior Court, Middlesex County trial] court properly granted the defendant's motion for summary judgment." Id. at *2.
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