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November 13, 2015
Extracontractual Counts Dismissed From Defective Concrete Case

In Kim v. State Farm Fire and Casualty Company, the case arose out of a claim for insurance proceeds allegedly due as a result of defective concrete used in the foundation of the plaintiffs’ residence. In addition to breach of contract, the plaintiffs further alleged that the insurer breached the implied covenant of good faith and fair dealing as well as violated the unfair insurance practices and unfair trade practices acts. The Court dismissed both extracontractual counts, finding that the policy provisions relied upon by the insurer in its denial of the claim were at least facially valid. The Court further found that the plaintiffs had failed to allege a general business practice. Daniel P. Scapellati.

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Daniel P. Scapellati
Insurance