Is a motor vehicle insurer's refusal to settle a claim for damages in bad faith?

MultiRegion, United States of America

The following excerpt is from Jenkins v. All Nation Ins. Co., 852 F.2d 571 (9th Cir. 1988):

Generally speaking, an insurer's failure to settle is in bad faith only if it had been presented with a reasonable opportunity to settle, including a reasonable length of time within which to respond to any settlement overtures. Grumbling v. Medallion Ins. Co., 392 F.Supp. 717 (D.Ore.1975), aff'd, 545 F.2d 686 (9th Cir.1976). What constitutes a reasonable length of time will vary with the circumstances. For example, where liability was certain and damages would plainly exceed the policy limits, fifteen days to respond has been considered reasonable. Id. at 721.

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