Nicholas Neidzwski

Nicholas Neidzwski

Cozen O'Connor

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A Good Faith Review of 2013

With the arrival of the new year, many are applying the mantra “out with the old, in with the new.” Although this may be motivational for personal resolutions, it does not generally apply in the context of law as last year’s...more

2/6/2014 - American Guarantee & Liability Ins. Co. Attorney-Client Privilege Bad Faith Confidential Information D.R. Horton Duty to Defend Farmers Insurance Good Faith Insureds K2 Investment Group Liability Insurance Underwriting

Zhang v. Sup. Ct.: Violation of Unfair Insurance Practices Act May Support Unfair Competition Claim

In a highly awaited decision, the California Supreme Court in Zhang v. Sup. Ct. of San Bernardino County (August 1, 2013) 2013 Cal. LEXIS 6520, Case No. S178542, considered whether insurance practices that violate the...more

9/13/2013 - Insurers Third-Party Unfair Competition Unfair Insurance Practices Act

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

Washington Court: Firearms Exclusion Excludes Coverage for Pre-Shooting Negligence and Shooting Claims

In Capitol Specialty Insurance v. JBC Entertainment Holdings, Inc., et al., No. 68129-0-I, 2012 Wash. App. LEXIS 2835 (Ct. App. Dec. 10, 2012), the Washington Court of Appeals held a firearms exclusion in a commercial general...more

12/19/2012 - Commercial General Liability Policies Exclusions Firearms Negligence

Covenant Judgments in Washington – Reasonableness Determined on Five Days’ Notice to the Insurer and Without a Jury: Bird v. Best...

In Bird v. Best Plumbing Group, LLC and Farmers Insurance Exchange, Wash. No. 86109-9 (October 25, 2012), the Washington Supreme Court held that: (1) insurers have no constitutional right to a jury determination of whether...more

11/1/2012 - Bad Faith Covenant Judgments Due Process Insurers Joint and Several Liability Negligence Reasonableness Factors Right to a Jury Settlement Trespass

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