Legal Opinion · Concurring in part, dissenting in part

Continental Casualty Co. v. Novy

Indiana Court of Appeals

Decided June 29, 1982No. 3-779A185Published

1Concurring in part, dissenting in partStaton, Judge

I concur with the majority opinion except that part which deals with the award of punitive damages. The authority cited by the majority does not support its position that the insurance company does not have to make any reasonable investigation before suspending payments under a valid claim.1

Continental Casualty Company had already recognized the valid claim of Dr. Charles A. Novy and was making regular payments under the provisions of the policy. To suspend or withhold further payments thereafter without a reasonable investigation amounted to oppressive conduct and unilateral conduct in bad…

2Cases cited7 opinions

  1. Fred J. Craft, Irene Craft, and Joanne Craft v. Economy Fire & Casualty CompanyCourt of Appeals for the Seventh Circuit · 1978
  2. Nationwide Mutual Insurance Co. v. NevilleIndiana Court of Appeals · 1982
  3. Murphy v. Travelers InsuranceNebraska Supreme Court · 1942
  4. Harasymczuk v. Massachusetts Accident Co.New York Supreme Court · 1926
  5. Travelers Insurance v. SandersCourt of Appeals of Georgia · 1933

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