disregarded the lack of a reasonable basis for denying the claim.”). Cf. Morris v. Highmark Life Ins. Co., 255 F.Supp.2d 16, 25 (D.R.I.2003) (analyzing § 9-1-33 against its broader common law backdrop). Admittedly, the relationship between statutory and common law bad faith is not well defined, but at the very least these subsequent cases connote the latter’s continued vitality. Federal’s second argument is more quickly dispatched. Although Plaintiffs cite only § 9-l-33(a) in Count IV of the complaint, and make no express reference to its common law counterpart, the allegations themselves tell a story of bad faith that cannot be ignored in light of the liberal (and practical) construction that the Federal Rules of Civil Procedure demand. And as a , 527 F.2d 772, 776 (7th Cir.1976) (<HOLDING>). The question then becomes whether Plaintiffs
holding that if basis described the parties were therefore aware of plaintiffs legal theory even where the theory was mischaracterized citation omitted holding that the plaintiffs misconceived legal theory did not preclude it from obtaining relief under another theory holding that the pretrial order did not adequately disclose a theory because it did not give notice of that theory holding summary judgment appropriate when the facts in evidence supported another plausible theory not the plaintiffs theory of the case holding that the failure to draw the district courts attention to an applicable legal theory waives pursuit of that theory in this court