On April 10, 2008, in Diebold, Inc. v. Continental Casualty Co., an insurance coverage case involving allegations of bad faith denial of coverage pending in the U.S. District Court for the District of New Jersey, the Honorable Joseph E. Irenas issued a decision denying Continental Casualty Company’s motion to dismiss the Amended Complaint of Diebold, Inc. This decision represents an affirmation that under the laws of both New Jersey and Illinois, an insurance policyholder may rely on his or her reasonable expectations of the meaning and effect of an insurance policy that are created by the negotiation and underwriting history that preceded the policy’s purchase.
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