Kazemi

FACTS AND PROCEDURAL HISTORY

Kazemi’s Lawsuit In January 2022, appellant David Kazemi filed suit against his insurer, respondent Farmers Insurance Exchange. The suit arises from Farmers’ alleged failure to pay Kazemi’s UIM claim. Kazemi’s amended complaint asserts claims for breach of contract; breach of the implied covenant of good faith and fair dealing; bad faith; and unfair trade practices. Farmers’ Motion for Summary Judgment Kazemi’s policy from Farmers covers damages incurred in an accident caused by an uninsured or underinsured motorist. If the parties cannot agree on damages, they must arbitrate. As part of the claims process, Farmers may require an IME.

1 Undesignated statutory references are to the Insurance Code.

2 Kazemi was in a car accident on August 8, 2013. He settled with the other motorist, whose auto policy had a $15,000 liability limit. Kazemi made a UIM claim to Farmers. Based on Kazemi’s medical information and settlement with the other motorist, Farmers offered him $10,498. He rejected the offer and demanded arbitration on September 4, 2014. After engaging in discovery, Farmers offered $17,000 to resolve the claim. Kazemi’s attorney rejected the offer in…