STORY FROM: Superstorm Sandy Insurance Litigation

Federal Judge Allows Claims to Proceed Against State Farm in Tornado Damage Case

OKLAHOMA CITY — An Oklahoma federal judge has denied a homeowners’ insurer summary judgment on breach of contract and bad faith claims in a tornado damage action, finding questions of fact as to whether the insurer offered a reasonable settlement and conducted an appropriate investigation and assessment of the damage.

In an Aug. 16 order, Judge Timothy DeGiusti of the U.S. District Court for the Western District of Oklahoma found the plaintiffs presented adequate evidence that the insurer’s offer did not fully compensate them for the damage and that they were required to live in unsafe conditions following the tornado.

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