Richard A. Vazquez secures an insurer-favorable ruling
Contact: Richard A. Vazquez
SCM attorney Richard A. Vazquez recently secured an insurer-favorable ruling in State Farm Fire & Cas. Co. v. Inevat, LLC, 2018 WL 2768661 (D. Utah Jun. 8, 2018). United State Magistrate Judge Dustin Pead, sitting by consent, dismissed as premature a bad faith claim filed against State Farm by the policyholder while State Farm was in the middle of defending the policyholder in the underlying liability lawsuit under a reservation of rights. Judge Pead also found that State Farm was not required to pay for Cumis-type independent counsel for the policyholder under Utah law, despite defending under a reservation of rights. The Court further ruled that State Farm had no duty to reimburse the policyholder for attorneys’ fees and costs incurred in contesting the declaratory judgment action.