Sanford v. Liberty Mutual Insurance Co.

The trial court granted defendant Liberty Mutual Insurance Company’s motion to dismiss the plaintiff’s tort claims for bad faith refusal to pay a claim and bad faith refusal to investigate a claim. The dismissal was made final pursuant to rule 54(b), A.R.Civ.P. A claim for breach of contract remains pending in the trial court.

*942In a “motion to dismiss” context, the trial court — without evidentiary support— ruled that, as a matter of law, a “bad faith” claim by the insured for refusal to pay may not be maintained against the uninsured motorist insurer under any discernible set of circumstances.…