Deese v. State Farm Mutual Automobile Insurance

OPINION

MOELLER, Vice Chief Justice.

STATEMENT OF THE CASE

Deborah Deese (Deese) sued State Farm Mutual Auto Insurance Company (State Farm) for breach of contract and for bad faith after State Farm refused to pay a portion of Deese’s medical expenses which Deese contended were payable under her automobile policy with State Farm. A jury returned a verdict for State Farm on the breach of contract claim and for Deese on the bad faith claim. The court of appeals held:

[W]hen an insured’s claim for bad faith arises from an insurer’s failure to pay a claim for benefits due under an insurance contract,…