The Defendant Appealed the District Court’s Ruling
On appeal, the Sixth Circuit held that nothing in the bad faith statute (Tenn. Code Ann. § 56-8-113) “limits an insured’s remedies to those provided therein.”
The Sixth Circuit ruled that there was sufficient evidence on the record to conclude that the Defendant acted in bad faith and that Defendant’s refusal to pay on the plaintiff’s claim was unjustified based upon clear and convincing evidence.