Homeowners to Argue on Remand that Bad Faith Estops Coverage Defenses

INDIANAPOLIS - Indiana's Court of Appeals has affirmed a lower court decision denying summary judgment to an insurer that disclaimed coverage for a window contractor, but said the lower court may reconsider, if necessary, whether the carrier is estopped from denying coverage because of its alleged bad faith. American Fire & Casualty Co. v. Roller, No. 29A05-0511-CV-681 (Ind. Ct. App.).

A concurring judge said in a separate opinion on Feb. 8 that Indiana courts should adopt guidelines established by Washington Supreme Court on insurers' good faith duty to insureds under a reservation of rights.

Thomas and Christine Roller brought this …