(860) 522-6103
WHO WE SERVE
PEOPLE
OUR SERVICES
CULTURE OF POSSIBILITY
LOCATIONS
NEWS
DEIA
CAREERS
MAKE A PAYMENT
SEARCH
February 17, 2016
State Farm Fire and Casualty Company v. Orenstein, et al.

In State Farm Fire and Casualty Company v. Orenstein, et al., a declaratory judgment action, the defendant-insureds asserted counterclaims against the insurer claiming that the taking of presuit examinations under oath (“EUO”) constituted bad faith. They further alleged that this is particularly the case in the context of third-party liability claims. Halloran & Sage, on behalf of the insurer, moved to strike these claims arguing that the taking of an EUO under the terms of the insurance policy cannot in itself give rise to claims of bad faith. Judge Radcliffe of the Connecticut Superior Court for the Judicial District of Bridgeport agreed, finding that these claims were legally insufficient as a matter of law.