Now, Insurance Unlimited is accusing Landmark of scheming with a local attorney to manufacture a coverage denial in the days and weeks following the broker’s initial demand for coverage back in 2020. They are also seeking damages from Landmark based on each of the customer claims the insurer refused to cover.
“Deleting the customer defendants from Landmark’s caption would confuse the Phase II jury as they would wonder how and why the customers were involved and the damages suffered by Insurance Unlimited relate to that involvement,” Insurance Unlimited wrote in their motion.
The case is set for a bench trial starting on February 6th, where Judge Doughty will decide whether Landmark should be estopped from denying coverage altogether. Following the bench trial, the sides still must litigate other claims, including Insurance Unlimited’s bad faith claim against Landmark, which could be heard by a jury.
For more coverage on insurer’s bad faith conduct, be sure to follow Samuel Lopez at https://usaherald.com/author/samuel-lopez/