O’Keefe v. Allstate Indem., Co., 953 F. Supp 2d 1111 (S.D. Cal. 2013).
N/AOUTCOME:
In O’Keefe v. Allstate Indem., Co., Mackaness defended Allstate in bad faith lawsuit arising out of an auto accident. Plaintiff alleged that Allstate wrongfully denied the claim, despite the fact that ... the policy’s written terms excluded plaintiff from coverage. Plaintiff argued that the policy should have provided coverage because, before the accident, an agent allegedly told plaintiff he had been added to the policy. Court granted Allstate’s motion to dismiss the bad faith claim, reasoning that an insurer cannot be liable for bad faith for complying with the policy as written, even if an agent’s representations might allow an insured to reform the policy to obtain retroactive coverage.
