Update – Tort of Bad Faith in Reinsurance

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Recently, I blogged about a case where the court rejected an argument that the tort of bad faith applied to a reinsurance agreement. The losing party in that case petitioned the federal court to certify the question to the Alabama Supreme Court.

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Tort of Bad Faith Does Not Apply to a Reinsurance Relationship

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Last year, I discussed a California case where tort claims were brought in the reinsurance context and the court threw them out. A federal court in Alabama recently addressed a similar issue, where a municipal insurer brought bad faith tort claims against its reinsurer when the reinsurer failed to pay certain losses under a series of reinsurance contracts. Like California, the federal court in Alabama ruled that the tort of bad faith did not extend to reinsurance and dismissed the claims.

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