John and Bonnie Lorang, Plaintiffs, Appellants and Cross-Appellees v. Fortis Insurance Company, Defendant, Appellee…

Summary

The court held that the state District Court had subject-matter jurisdiction and that evidence of the parties’ pre-1999 dealings was relevant and could not be excluded on claim- or issue-preclusion grounds. It upheld summary judgment for Fortis on anticipatory breach because Fortis’s denial letter was not an absolute and unequivocal repudiation of future contractual obligations, but held that the Lorangs were entitled to summary judgment on their UTPA misrepresentation and unreasonable-investigation claims. The good-faith settlement claim presented a jury question and was not suitable for summary judgment for either party. No separate opinions were filed.