S-19-1089 Millard Gutter Company, dba Millard Roofing & Gutter (Appellant) v. Farm Bureau Property & Casualty Insurance Company
Douglas County District Court, Hon. Kimberly Miller Pankonin
Attorneys: Theodore R. Boecker, Jr. (Boecker Law, P.C., L.L.O., for Appellant); Michael T. Gibbons & Raymond E. Walden (Woodke & Gibbons, P.C., L.L.O., for Appellee)
Civil: Insurance; Petition for further review
Proceedings Below: Appellee petitioned for further review of the Court of Appeals decision of March 30, 2021. This appeal is upon further review granted by order on July 14, 2021.
Issues on Appeal: Appellee assigns in its petition for further review that the Court of Appeals 1) should have affirmed the ruling dismissing the bad faith claim because the allegations fail to support either the necessary tort element of harm beyond nonpayment of the insurance proceeds or the inclusion of a first-party insurance bad faith claim in each assignment; and 2) erred by finding an abuse of discretion in requiring a more definite statement as to the dates of losses and in dismissing the case when the Appellant did not comply.