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Great American Insurance Co. of New York v. Compass Well Services, LLC

Court: Tx 2-Ft Worth  12/17/2020  Court Affirms Statutory Bad Faith Verdict Against Insurer

The court found that the insurer had not met its burden of establishing that it was prejudiced by the insured's destruction of the damaged fracking equipment at issue prior to giving the insurer notice of the claim and further found that there was sufficient evidence to support the jury finding that the insurer had knowingly engaged in unfair settlement practices when it denied the claim.

all-risk property policy, fracking, spoliation, prejudice, unfair settlement practices, direct physical loss, reasonable investigation, reasonably clear, bona fide coverage dispute, expert testimony, reasonable time, knowingly, offset

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