Bakker v. Continental Casualty Insurance

MEMORANDUM OPINION

H. FRANKLIN WATERS, Chief Judge.

Plaintiff is a dentist who seeks to renew his professional malpractice insurance upon the expiration of the current policy. His insurer, Continental Casualty Insurance Company, has notified plaintiff that it will not renew his policy due to “claims” on the prior policy. Plaintiff claims an action for breach of contract and for bad faith breach of contract.

Defendant has filed a motion to dismiss, or in the alternative for summary judgment, on the grounds that it was acting within its inherent right not to contract and that there are no…