Stacey Farrell

Stacey Farrell

Cozen O'Connor

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IN Catastrophes: Preparing for Hurricane Matthew Claims in the Carolinas

Thousands of homes and other buildings both on the coast and in the interior of the Carolinas have been damaged or destroyed by Hurricane Matthew, and ongoing flooding continues to cause damage and hinder recovery efforts. By...more

10/18/2016 - Bad Faith Emergency Orders Enforcement Hurricane Matthew Hurricane Season Insurance Claims Insurance Industry Mediation Natural Disasters Property Damage Property Insurance Severe Weather

IN Indiana, Insurer Calls Out Policyholder Bad Faith and Prevails

In a recent opinion, Carpenter v. Lovell’s Lounge and Grill, LLC, et al., --- N.E.3d ---, No.33A01-1602-CT-265, 2016 WL 4701673 (Ind. Ct. App., Sept. 8, 2016), the Indiana Court of Appeals addressed — for the first time under...more

10/5/2016 - Appeals Bad Faith Battery Bodily Injury Collateral Estoppel Dram Shop Laws Insurance Industry Insurance Litigation Negligence

IN the District of Columbia, Policyholders Are Out of Time and Out of Touch

In the recent opinion from the U.S. District Court for the District of Columbia, Azoroh et al. v. Automobile Ins. Co. of Hartford, Ct., --- F. Supp. 3d ---, Civil Action No. 14-1695, 2016 WL 4148184 (D.C. Cir. August 4,...more

10/4/2016 - Discovery Rule Insurance Industry Insurance Litigation Property Insurance

In the Tenth Circuit, Colorado’s On-Going Debate over the “Fairly Debatable” Defense

A recent Tenth Circuit Court of Appeals decision, The Home Loan Investment Co. v. St. Paul Mercury Ins. Co., 827 F.3d 1256 (10th Cir. 2016), demonstrates that, although multiple jurisdictions may recognize similar defenses...more

10/4/2016 - Appeals Attorney's Fees Bad Faith Breach of Contract Fairly Debatable Standard Foreclosure Insurance Industry Insurance Litigation Liability Insurance

In The Know - 1st Edition, May 2016

Welcome to the first edition of IN, a quarterly digest designed to keep insurers in the know on both the development, as well as the ongoing evolution, of legal trends relevant to first-party property coverage and bad faith...more

5/11/2016 - Bad Faith Big Data Commercial Property Owners Insurance Industry Lead Paint Medical Marijuana

Florida, Georgia And Texas Appraisal Update: Is Causation A Coverage Question For The Court Or A Damages Question For The Panel?

In most jurisdictions, underlying coverage issues must be resolved prior to invoking appraisal in a first-party property claim. The question of what constitutes a coverage issue (typically reserved for a court’s judicial...more

4/16/2014 - Appraisal Causation Damages Homeowner's Insurance Insurance Industry

Alabama Policyholder’s Bad Faith Claim Barred Where Basis of Coverage Denial Was Debatable Under Alabama Law

The U.S. District Court for the Northern District of Alabama, Southern Division, recently granted an insurer’s summary judgment with respect to a policyholder’s tort claim for the bad faith refusal to pay a claim, dismissing...more

7/19/2013 - Bad Faith Denial of Benefits Insurance Industry

In Alabama, Bad Faith Claim Defeated As A Matter Of Law Though Basis For Coverage Denial Was Debatable

A policyholder’s tort claim for the bad faith refusal to pay a claim was dismissed as a matter of law where a legitimate dispute existed as to coverage liability at the time of the coverage decision by the U.S. District Court...more

7/16/2013 - Bad Faith EPA Insurance Industry PRP

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

On April 15, 2013, the Supreme Court of the State of New York, County of New York, granted the insured’s request for the production of certain claims file material and previously sealed discovery in Estée Lauder Inc. v....more

5/15/2013 - Attorney's Fees Attorney-Client Privilege Bad Faith Breach of Contract Discovery Fees Insurance Industry Motion to Compel

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

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