Sharon Jenkins v. J. C. Penney Casualty Ins. Co.

Summary

The court held that the unfair insurance claim settlement practices statute creates an implied private cause of action for third-party claimants. However, the action cannot be maintained until the underlying claim against the insured has been resolved, and the claimant must show more than an isolated statutory violation because the statute requires conduct indicating a general business practice. The dismissal was therefore affirmed, although the trial court erred in ruling that no private cause of action exists.