Bad faith blowback: Ninth Circuit affirms dismissal of insurer’s anti-SLAPP motion to strike bad faith claim
This article originally appeared in Westlaw Today on July 12, 2021.
An insurer that brings an action against its insured in California where the insured asserts a counterclaim alleging bad faith may consider filing a motion to strike based on California’s anti-SLAPP statute.
However, a recent federal appellate decision suggests that the insurer will face an uphill battle to prevail on such a motion. This article discusses the recent decision that denied the insurer’s motion to strike pursuant to the anti-SLAPP statute and contrast a similar case in the San Francisco County Superior Court where an insurer’s motion was granted.