Oklahoma Supreme Court Holds Evidence of Bad Faith Required in “Intentional Interference” Cases
In 2012, she was hired to repair several buildings owned by
Three years later, Loven applied to become a public insurance adjuster.
In her application, she disclosed that a former client was suing her. This prompted the
Accordingly, the Department denied Loven's application to become an adjuster. The
In 2016, Loven sued Church Mutual and one of its adjusters.
She accused the defendants of intentionally interfering with her "prospective business opportunity/economic advantage." In other words, she argued Church Mutual retaliated against her by telling the Department about the alleged 2012 overcharges. This in turn caused the Department to deny her an adjuster's license.
The defendants moved to dismiss Loven's lawsuit.
Under
The trial court agreed the defendants were immune and dismissed the case.
The
"Bad faith requires proof of malice or reckless disregard for the truth. In this case, an insurance company provided information in response to an existing state investigation. There was no suggestion the information provided was false or misleading. The fact this information proved harmful to the subject of the investigation did not, in the court's view, make this a case of bad faith."
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