News & Thought Leadership from Sulloway & Hollis
Asserting the Genuine Dispute Doctrine as a Defense to Extracontractual Suits
Properly raised, the genuine dispute doctrine can be a potent defense to a bad faith action. The genuine dispute doctrine, and its dose corollary, the fairly debatable doctrine, require an insurer to have taken a reasonable position in determining whether a claim was covered, and if it was covered, in assessing the value of the claim.
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