Although it's been four years, I filed, in pro per, and served my former employer who is an insurance company. They insisted that the contract was to be "binding" and both parties to act in "good faith and fair dealing" so a final Release could be ascended to (which was, but breached hard by defendant insurance company. There was no denigration clause.
In California there is a one year statute for insurance bad faith, when an insurance company does not comply with the insuring agreement. In this case, it wasn't an insuring agreement, it was a termination agreement, whereby they were to continue to provide benefits in consideration of my immediate termination. I terminated, but they terminated my benefits. I lost everything. (it was a side agreement to a class action), class counsel and defendant insurance company all failed to disclose this to the Court (violation of FRCP 23(e)(2). Can I still pursue bad faith, though it's been four years with this expressed provision??
2007-03-14
18:15:30
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1 answers
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asked by
swmtime
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