Alicia Curran

Alicia Curran

Cozen O'Connor

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Hawaii Supreme Court Holds a Primary Insurer Cannot Gamble with the Excess Insurer’s Money

On June 29, 2015, in responding to a certified question from the U.S. District Court for the District of Hawaii, the Hawaii Supreme Court held in St. Paul Fire & Marine Ins. Co. v. Liberty Mutual Ins. Co., SCCQ-14-0000727,...more

7/31/2015 - Bad Faith Covenant of Good Faith and Fair Dealing Equitable Subrogation Excess Policies Failure To Settle Insurance Settlements Public Interest Standing

Alabama’s High Court: No Contract Means No Bad Faith

In many states, pleading and proving the existence of a valid contract is necessary for both a breach of contract cause of action and also for a viable bad faith claim, and the Alabama Supreme Court addressed exactly that...more

5/18/2015 - AL Supreme Court Bad Faith Breach of Contract Life Insurance

Fifth Circuit Reaffirms the Importance of a Reasonable Claim Investigation Prior to Denial

In Santacruz v. Allstate Texas Lloyds, Inc., 2014 WL 5870429 (Nov. 13, 2014), the 5th Circuit allowed a policyholder to pursue a claim for common law and statutory bad faith even though the policyholder repaired the alleged...more

11/19/2014 - Bad Faith Homeowner's Insurance Insurance Investigations Property Damage Property Insurance

The Hawaii Supreme Court Answers “Other Insurance” Provisions and the Duty to Defend

The Hawaii Supreme Court in Nautilus Ins. Co. v. Lexington Ins. Co., — P.3d —-, 2014 WL 560805 (2014), answers the following certified questions from the 9th Circuit on “other insurance” provisions and the duty to defend....more

2/19/2014 - Duty to Defend Insurance Companies

Alabama Supreme Court Corrects the Perception that Alabama Law Contemplates Two Bad Faith Torts

In Brechbill v. State Farm Fire & Cas. Co., No. 1111117, ___ So. 3d ___, 2013 WL 5394444, 2013 Ala. LEXIS 126 (Ala. Sept. 27, 2013), the Alabama Supreme Court held that there is only one, as opposed to two, causes of action...more

10/24/2013 - Bad Faith Expert Testimony Standard of Proof

Texas Hurricane Season: Statutory Requirements for Handling Claims

For Texans, the prime hurricane season from August to September is now over. Although there were no big storms this year, claims handlers still need to be attentive to timely adjusting their first party claims. The Texas...more

9/30/2013 - Prompt Payment Property Damage Property Insurance

Florida No-Fault Examination Under Oath Requirement – One of These Policies Is Not Like the Other

Due to changes effective January 1, 2013, the Florida Motor Vehicle No-Fault Law now codified the insured’s obligation to submit to an examination under oath (EUO). The newly amended statutory language explicitly states...more

9/6/2013 - Auto Insurance Car Accident Examinations Under Oath Insureds Motor Vehicles No-Fault Insurance

An Insurer Cannot Claim That It Was Unaware of Claims Handling Statutes As A Defense To Bad Faith

The South Dakota Supreme Court in Bertelsen v. Allstate Insurance Co., 833 N.W.2d 545, No. 26442 (June 12, 2013) (1) held that an insurer cannot avoid bad faith liability by claiming it did not know about controlling claims...more

9/6/2013 - Affirmative Defenses Bad Faith Claims Procedures Insurers Medical Expenses Statutory Requirements

NY Court to Insurers: If You Breach Your Duty to Defend, You May Lose Your Defenses to Indemnification

The New York Court of Appeals, New York’s highest state court, recently held – in what appears to be a new position in New York – that an insurer that breached its duty to defend could not later rely on otherwise applicable...more

6/17/2013 - Duty to Defend Indemnification Insurers Policy Limits

Finding Bad Faith in Kentucky Requires Evidence of Outrageous Conduct By Insurer

In its recent decision in Powell v. Cherokee Insurance Company, Case No.: 5:09-CV-00205, the U.S. District Court for the Western District of Kentucky reaffirmed that in a third-party bad faith lawsuit alleging failure to...more

2/13/2013 - Bad Faith Burden of Proof Evidence Insurers Third-Party Unfair Claims Settlement Practices Act

Third-Party Bad Faith Litigation – Insurers’ Attorney-Client Privilege and Work Product Doctrine Protections Limited by Tripartite...

In what may be the continuation of a trend toward the erosion of the attorney-client privilege and work product doctrine in bad faith litigation, another court has held that an insurer’s communications with defense counsel...more

1/14/2013 - Attorney-Client Privilege Bad Faith Nationwide Insurance Co. Tripartite Relationships Work Product Privilege

Does a Bad Faith Cause of Action Survive an Appraisal Award? The Answer May Be, “It Depends.” Two recent federal court decisions –...

Intermodal Equipment Logistics, U.S. District Court for the Southern District of Texas - Earlier this year, the U.S. District Court for the Southern District of Texas ruled an insured can pursue its bad faith claim even...more

11/15/2012 - Appraisal Awards Bad Faith Hurricane Ike

Fifth Circuit Rejects Insured’s Efforts to Secure Independent Counsel

On October 15, 2012, the U.S. District Court of Appeals for the 5th Circuit – applying Texas law – addressed another Cumis counsel matter. See Coats, Rose, Yale, Ryman & Lee, P.C. v. Navigators Specialty Ins. Co., No....more

11/6/2012 - Conflicts of Interest Cumis Counsel Insureds Reservation of Rights

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