Christopher Wong and Aishlin Cook

Bad faith blowback: Ninth Circuit affirms dismissal of insurer’s anti-SLAPP motion to strike bad faith claim

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.

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