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Michael F. Schmidt Wins Summary Disposition In Breach Of Contract And Bad Faith Action

Latta v Nationwide Property & Casualty Insurance Company and Kimberly Byrne, claim for bad faith and breach of contract seeking to enforce an alleged settlement agreement of an underlying claim by Chad Latta against a Nationwide insured, Glenwood Apartments, for an alleged premises injury claim. The plaintiff’s claim in the underlying action was for $200,000. The plaintiff made numerous offers, Nationwide made two counter-offers, but the plaintiff did not accept either of Nationwide’s counter-offers and continued making additional offers until the statute of limitations expired with no agreement being made. We obtained a summary disposition on behalf of Nationwide and the Nationwide claim rep, Kimberly Byrne, on the basis that the plaintiff had no claim for bad faith against the insurer of a defendant, and that the plaintiff’s claim to enforce the settlement failed because the plaintiff failed to prove an offer and acceptance.