State Auto Property & Casualty Insurance v. Hargis

OPINION

RALPH B. GUY, JR., Circuit Judge.

This appeal presents two related issues: (1) whether it was error for the district court to dismiss the claim asserted by the insurance company against its insured for “reverse bad faith” because it has not been recognized in Kentucky (or any other jurisdiction); and (2) whether this court should certify the question of the viability of such a claim to the Kentucky Supreme Court. The insurance company in this case, State Auto Property and Casualty Insurance Company (“State Auto”), argues that the district court erred by summarily dismissing the claim…