Alicia Curran

Alicia Curran

Cozen O'Connor

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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 Outrageous Conduct Third-Party Unfair Claims Settlement Practices Act

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