April Zubizarreta

April Zubizarreta

Cozen O'Connor

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Coverage Opinions Remain Privileged in Bad Faith Action Even Where Gist of Recommendation is Set Forth in Letter to Insured

As a matter of first impression, the Supreme Court of West Virginia recently held that coverage opinion letters were protected by the attorney-client privilege even though the insurer subsequently sent correspondence to its...more

4/18/2014 - Attorney-Client Privilege Bad Faith Privilege Waivers Waivers

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 - Hurricane Season Prompt Payment Property Damage Property Insurance

Senate Bill 814 Proposes Sweeping and Retroactive Changes to Environmental Claims Handling in Oregon

On March 13, 2013, the Oregon legislature introduced Senate Bill 814 to create sweeping reforms on environmental claims handling regulations and available remedies for insureds facing liability for cleanup of contaminated...more

5/21/2013 - Environmental Claims Punitive Damages Retroactive Application

Estée Lauder v. OneBeacon Insurance Group – Expanding the Scope of Discovery in Bad Faith Cases

On April 15, 2013, a New York trial court granted the insured’s request for the production of certain claims file material and previously sealed discovery in Estée Lauder Inc. v. OneBeacon Insurance Group LLC et al., index...more

5/15/2013 - Bad Faith Discovery Document Productions

Good Faith Denial of Benefits When Insurer Relies on Rulings of Workers’ Compensation Court

Last week, the Montana Supreme Court held that the insurer acted reasonably when it stopped payments based upon its reliance on a prior order from the Workers’ Compensation Court (“WCC”). Steward v. Liberty Northwest Ins....more

5/2/2013 - Denial of Benefits Workplace Injury

No Bad Faith Recovery Unless Insured Demonstrates Acts Were A Producing Cause Of Damages

A jury found that Mid-Continent committed five separate violations of the Texas Insurance Code and awarded $2 million to the insured as compensation for the amount it paid to settle third-party claims. The trial court,...more

3/21/2013 - Appeals Bad Faith Breach of Duty Damages Jury Verdicts Third-Party Willful Violations

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