Alicia Curran

Alicia Curran

Cozen O'Connor

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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

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

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

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 Outrageous Conduct 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

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