Volume 270 — Nebraska Reports

1. <bold>Directed Verdict: Appeal and Error.</bold> In reviewing a trial court's ruling on a motion for directed verdict, an appellate court must treat the motion as an admission of the truth of all competent evidence submitted on behalf of the party against whom the motion is directed; such being the case, the party against whom the motion is directed is entitled to have every controverted fact resolved in its favor and to have the benefit of every inference which can reasonably be deduced from the evidence. 2. <bold>Directed Verdict: Evidence.</bold> A directed verdict is proper at the close of all the evidence only when reasonable minds cannot differ and can draw but one conclusion from the evidence, that is to say, when an issue should be decided as a matter of law. 3. <bold>Judgments: Verdicts.</bold> On a motion for judgment notwithstanding the verdict, the moving party is deemed to have admitted as true all the relevant evidence admitted which is favorable to the party against whom the motion is directed, and, further, the party against whom the motion is directed is entitled to the benefit of all proper inferences deducible from the relevant evidence.<page_number>Page 546</page_number> 4. ___: ___. To sustain a motion for judgment notwithstanding the verdict, the court resolves the controversy as a matter of law and may do so only when the facts are such that reasonable minds can draw but one conclusion. 5. <bold>Insurance: Contracts: Claims: Proof.</bold> In order to establish a claim for bad faith, a plaintiff must show an absence of a reasonable basis for denying the benefits of the insurance policy and the insurer's knowledge or reckless disregard of the lack of a reasonable basis for denying the claim. 6. <bold>Actions: Insurance: Claims.</bold> Even if an insurance company ultimately grants a claim relating to the insured's benefits, a viable cause of action for bad faith can be based on initial denials. 7. <bold>Actions: Torts: Insurance: Claims: Liability.</bold> If a lawful basis for denial actually exists, the insurer, as a matter of law, cannot be held liable in an action based on the tort of bad faith. 8. <bold>Actions: Insurance: Claims.</bold> If the insurer has an arguable basis to deny the claim, the insured's bad faith cause of action fails as a matter of law regardless of the manner in which an investigation was or was not conducted. 9. <bold>Insurance: Claims.</bold> The question whether a claim is fairly debatable is appropriately decided by the court as a matter of law, and such a determination is based on the information available to the insurance company at the time the demand is presented.