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2755 A bad faith claim against an insurer for initiating reimbursement litigation against the insured fails as a matter of law unless the insured alleges and establishes that the insurer acted unreasonably in investigating or paying the underlying insurance claim; the question of whether there has been an estoppel can be decided by the court as a matter of law, but if a jury trial has been requested, so long as any relevant facts are in dispute, the question of whether there has been a waiver should be tried to a jury.CitationOLD REPUBLIC INS v FSR (Reimbursement Claim) 80 CA4 666 [See: Waller v Truck Ins 11 C4 1, T/AT 10/95; White v Western Title 40 C3 870; New Plumbing v Nationwide 7 CA4 1088]
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