The Tenth Circuit on Tuesday issued one published opinion and one unpublished opinion.
In Blakely v. USAA Casualty Ins. Co., the Court affirmed in part and reversed in part the district court’s decision. Petitioners’ home was damaged by a fire and were insured by Respondent. Regarding their recovery from the fire, Petitioners claimed that Respondent was liable for breach of contract, breach of the implied covenant of good faith and fair dealing, breach of industry standards and statutes, and intentional infliction of emotional distress; the district court granted summary judgment for Respondent. The Court agreed that summary judgment was appropriate for the breach of contract claims, but their claims of breach of good faith and fair dealing were not frivolous; Petitioners presented sufficient evidence to suggest that Respondent acted unreasonably in taking its initial position regarding the loss amount.