Kennedy v. Allstate, No. 15-2221 (E.D. Pa. July 8, 2015).
District Court recognizes possibility that insurance adjusters owe a duty of care to insureds that would be breached by failing to conduct a reasonable...more
9/21/2015
/ Allstate ,
Appeals ,
Arbitration ,
Bad Faith ,
Car Accident ,
Chapter 11 ,
Commercial Bankruptcy ,
Denial of Insurance Coverage ,
Duty of Care ,
E&O Policies ,
Insurance Industry ,
Motorcycle Accidents ,
Negligence ,
PA Supreme Court ,
Punitive Damages ,
Summary Judgment ,
Travelers Property Casualty Co. ,
Unfair or Deceptive Trade Practices
Dufour v. Progressive Classic Ins. Co., No. 2014AP157, 2015 WL 4275292 (Wis. Ct. App. July 16, 2015).
The Court of Appeals of Wisconsin reverses the Circuit Court for Dodge County and remands for proceedings on damages...more
Eighth Circuit: No Bad Faith Where Insured Failed to Make a Sufficient Demand and Insurer Refused to Entertain Settlement Offer Prior to Completing Investigation -
Purscell v. Tico Ins. Co., No. 13-2362, 2015 WL 3855253...more
8/13/2015
/ Allstate ,
Bad Faith ,
Breach of Contract ,
Car Accident ,
Claim Denial Letters ,
DUI ,
Insurance Industry ,
PA Supreme Court ,
Punitive Damages ,
State Farm ,
Wrongful Death
Nat’l Union Fire Ins. Co. of Pittsburgh, PA v. Intrawest ULC, et al., No. 13-cv-00079-PAB-KMT, 2015 WL 1326199 (D. Colo. Mar. 20, 2015).
The U.S. District Court for the District of Colorado denies an insurer’s motion to...more
In This Issue:
- En Banc Mississippi Court of Appeals Affirms Summary Judgment for Insurer, Adjuster and Employer on Bad Faith Claims Arising from Denial of Coverage and Benefits for Work-Related Injury
-...more
In This Issue:
- District of Colorado Sinks Insurer’s Motion for Summary Judgment on Bad Faith Claim Where Insurer Allegedly Failed To Timely Investigate Available Coverage for Boating Accident
- Eastern...more
Wargacki v. W. Nat’l Assurance Co., No. C13-5373RBL, 2015 WL 74111 (W.D. Wash. Jan. 6, 2015).
The U.S. District Court for the Western District of Washington grants summary judgment to an insurer ruling that the insurer...more
In This Issue:
- Western District of Washington: Insured That Violated Duties of Notice and Cooperation Could Not Make Out Claim for Bad Faith Based on Insurer’s Lengthy Investigation
- Western District of...more
Liberty Mut. Fire Ins. Co. v. JT Walker Indus., Inc., No. 2:08-02043-MBS, 2014 WL 6773517 (D.S.C. Dec. 2, 2014).
The U.S. District Court for the District of South Carolina sets aside a jury’s verdict awarding punitive...more
In This Issue:
- District of South Carolina: No Support For Award of Punitive Damages Where Insured Failed To Prove Recklessness by Insurer
- Supreme Court of Missouri Reverses Grant of Summary Judgment for...more
In This Issue:
- Court of Appeals of Michigan: Trial Court’s Incorrect Instruction on the Definition of Bad Faith Did Not Require Reversal
- District of Colorado: Insureds Have No Obligation To Hire Public...more
Tibble v. Am. Physicians Capital, Inc., No. 306944, 2014 WL 5462573 (Mich. Ct. App. Oct. 28, 2014).
The Michigan Court of Appeals holds that although the trial court erred when it defined “bad faith” for the jury, the...more
Thorne v. Member Select Ins. Co., No. 2:09 CV 87, 2014 WL 4700873 (N.D. Ind. Sept. 22, 2014).
The Northern District of Indiana denies an insured’s motion for reconsideration of the court’s entry of summary judgment in...more
In This Issue:
- Florida District Court of Appeal: A Prematurely Filed Bad Faith Claim Does Not Compel Dismissal
- Florida District Court of Appeal: Insurer’s Liability For Breach Of Contract Need Not Be...more
Safeco Ins. Co. of Ill. v. Beare, No. 4D13-3104, 2014 WL 4626851 (Fla. Dist. Ct. App. Sept. 17, 2014).
The Fourth District Court of Appeal of the State of Florida denies an insurer’s petition seeking review of the...more
In This Issue:
- Southern District of New York: It is Unlawful for an Insurer to Withhold Payment When Some Portion on an Insured’s Entitlement is Undisputed
- Eastern District of Pennsylvania: State Farm...more
Lexington Ins. Co. v. MGA Entm’t, No. 12-cv-3677 (SAS), 2014 WL 3955205 (S.D.N.Y. Aug. 12, 2014).
The Southern District of New York denies an insurer’s motion to dismiss an insured’s claim that the insurer breached its...more
In This Issue:
- Northern District of Texas Dismisses Bad Faith Claims in Well-Control Policy Dispute
- District of South Dakota: Denying a Claim for Reasons Known to be False is Not a Reasonable Basis to Deny...more
Lewison v. W. Nat’l Mut. Ins. Co., Civ. No. 13-4031-KES, 2014 WL 3573403 (D.S.D. July 21, 2014).
The District of South Dakota grants in part and denies in part an insurer’s motion for summary judgment on two...more
In This Issue:
- Court of Appeals of the State of Washington: Bad Faith Damages May Exceed the Amount of a Reasonable Covenant
- Southern District of Mississippi: Insurer Providing Coverage Opinion to Insured...more
In This Issue:
- Northern District of New York: Primary Insurer That Waited Nine Years to Tender Policy Limits to Injured Plaintiff Was Liable to Excess Carrier for Bad Faith
- Middle District of Pennsylvania:...more
Meighan v. TransGuard Ins. Co. of Am., Inc., No. C13-3024-MWB, 2014 WL 1199596 (N.D. Iowa Mar. 24, 2014).
The Northern District of Iowa finds that claim reserves and settlement information created after litigation was...more
In This Issue:
- Third Circuit Seeks Guidance from Pennsylvania Supreme Court Regarding Whether Insured Tortfeasor May Assign Bad Faith Claim to Injured Third Party
- District of Colorado: Insurer Entitled To...more
Meuser v. Allstate Ins. Co., A136243, 2014 WL 802535 (Cal. Ct. App. Feb. 28, 2014).
Court of Appeals of California finds no breach of contract or bad faith where actual cost of repairing fire-damaged home was higher...more
CONTENTS
- United States Court of Appeals for the Fourth Circuit: An Absence of Ascertainable Damages Does Not Preclude an Award of Punitive Damages for Bad Faith pages 1 - 2
- Northern District of Alabama: Insurer...more