Is Not Presenting a Testimony During An Arbitration Hearing Considered Bad Faith ?
In State Farm Insurance Co. v. Harmon, 335 Ill. App. 3d 687, 781 N.E.2d 335, 269 Ill. Dec. 538 (2002), the Court found that the trial court abused its discretion in finding bad faith when plaintiff was represented at the arbitration hearing by its attorney, presented documentary evidence concerning damages and repairs to the insured's vehicle and examined defendant as an adverse witness. Harmon, 335 Ill. App. 3d at 690-91.
Defendant moved for sanctions contending that plaintiff failed to act in good faith and subject its case to adversarial testing because it did not present testimony of the insured or an employee of plaintiff. Harmon, 335 Ill. App. 3d at 690.
The Court held that defendant was responsible for requesting the presence of such witnesses and therefore bore the burden of any insufficiency of adversarial testing. Harmon, 335 Ill. App. 3d at 692.