Uncovering the “Why” in FCPA Compliance Issues
SullCrom Sees Litigation Boom Despite Waning Credit Crisis
Karl Rove's Efforts to "Buy" Courts Harmed America, Says Legendary Attorney
How Did The NFL Get This So Wrong?
Recognition of Foreign Judgments in the United States (VIDEO)
Blecker: GM Recalls Show Need for Harsher Penalties for "Red Collar" Criminals
Polsinelli Podcasts - Be Careful What you Put in Writing - What Companies Need to Know About Document Retention
An Overview of the 2014 Class Action Survey
Two-Pronged Approach to Defending Lawsuits – Interview with Dominic Picca, Member, Mintz Levin
Class Action Trends – Interview with Stephen Gulotta, Managing Member, Mintz Levin's New York Office
Bill on Bankruptcy: Detroit Judge Might Lose Grip on the Case
Class Action Litigation Reform – Interview with Dan Pascucci, Member, Mintz Levin
Spitzer "Disappointed" in Wall Street's Regulators
Unique Privacy Concerns for Mobile Apps
Common Employment Law Mistakes for Small, Start-Up and Growing Companies
Safeguards against Data Security Breaches (Part One)
Weekly Brief: 78% of Law Schools Ignore ABA Rule
Weekly Brief: DOJ Memo Details Justification For Killing US Citizens
Can Feds Force Companies to Disclose Political Spending?
Three Key Data Retention Questions
Cline v. Allstate Ins. Co., No. 6:13-CV-182-HAI, 2014 WL 7074973 (E.D. Ky. Dec. 15, 2014).
After Denial of Claim for Loss from Fire on Basis of Exclusion for Criminal or Intentional Acts, Insurer wins Cross-Motions for...more
Norman v. State Farm Fire & Cas. Co., No. 13-CV-01643-PAB-CBS, 2014 WL 6478046 (D. Colo. Nov. 19, 2014).
District of Colorado holds that insured has no duty to hire own adjuster in order to receive payment, and denies...more
Following an economic downturn, lenders are inundated with lender liability suits typically based on purported promises to extend the maturity dates of loans, alter the terms of loan agreements, or to...more
Recently, the United States Court of Appeals for the Tenth Circuit reversed a district ruling allowing a Texas-based credit union to sue against a mortgage lender. In 2003, the credit union’s predecessor in interest entered...more
In This Issue:
- Southern District of California Denies Motion to Dismiss Bad Faith Claim in Homeowners Policy Dispute
- Northern District of Indiana: No Bad Faith Where Insurer Has a Rational Basis for its...more
Back in May, 2014, parts of Berks and Lancaster counties were hit with a freak hail storm. With hail as large as tennis balls reported, homes and cars suffered significant damage. Hail damage is generally covered under auto...more
Eastman v. Allstate Ins. Co., No. 14cv0703, 2014 WL 5355036 (S.D. Cal. Oct. 20, 2014) -
Southern District of California denies motion to dismiss bad faith claim in connection with coverage dispute under homeowners...more
In Santacruz v. Allstate Texas Lloyds, Inc., 2014 WL 5870429 (Nov. 13, 2014), the 5th Circuit allowed a policyholder to pursue a claim for common law and statutory bad faith even though the policyholder repaired the alleged...more
In 2002, the Florida Legislature created Citizens Property Insurance Company Corporation (Citizens) to make affordable insurance available to Florida citizens who were not otherwise able to obtain property insurance. In...more
Cammarata v. State Farm Florida Insurance Company, No. 4D13-185 (Fla. Dist. Ct. App. Sept. 3, 2014) (en banc).
Clarifying recent conflicting precedents, the Florida District Court of Appeal for the Fourth District held...more
Currie v. State Farm Fire & Cas. Co., No. CIV.A. 13-6713, 2014 WL 4081051 (E.D. Pa. Aug. 19, 2014).
After Superstorm Sandy damaged the insureds’ house, they and their insurer came to markedly different assessments of...more
In Falcon v. State Farm Lloyds, the Western District of Texas reminded litigants that licensed public adjusters are not immune from expert witness qualification requirements. Namely, a public adjuster’s license does not...more
The Sixth Circuit recently addressed the question of whether an excess insurer must provide a defense when the primary insurer fails to do so. In IMG Worldwide v. Westchester Fire Insurance Company, No. 3836 (6th Cir. July...more
Wagner v. Am. Family Mut. Ins. Co., No.: 13-1438, 2014 U.S. App. LEXIS 11526 (10th Cir. June 19, 2014) arose from a claim by a property owner under a homeowner’s insurance policy issued to her by American Family Mutual...more
In a case that has implications for all banks in North Carolina, the North Carolina Supreme Court removed a cloud of uncertainty that has remained over the North Carolina banking industry for more than 18 months. The Supreme...more
Earlier this month, Massachusetts Attorney General Martha Coakley initiated an action against Fannie Mae, Freddie Mac and the Federal Housing Finance Agency for allegedly illegally impeding non-profit foreclosure buyback...more
To date, the CFPB has brought 12 cases—out of more than three dozen total CFPB enforcement cases—in which it named individuals as defendants or respondents liable for violations of consumer protection statutes. Below, we...more
In Santander (UK) plc v R.A. Legal Solicitors  EWCA Civ 183, a firm of solicitors found themselves on the hook for a fraud in which they were not involved, but in which their substandard conduct had played a part. The...more
433 Main St. Realty, LLC v. Darwin Nat’l Assurance Co., No. 14-cv-587 (NGG) (VMS) (E.D.N.Y. Apr. 22, 2014) -
Eastern District of New York dismisses claims for breach of the covenant of good faith and fair dealing and...more
In our blog post dated April 29, 2013, Matthew Fischer discussed the case Lerner v. DMB Realty, LLC (Arizona Court of Appeals, November 27, 2012). In that case, the Arizona Court of Appeals addressed, among other things, the...more
On April 18, 2014, a federal district court in Texas granted summary judgment in favor of an insurer that had paid the policy proceeds demanded by the insureds, but nonetheless were sued for “bad faith.” The court’s decision...more
In 433 Main Street Realty, LLC v. Darwin National Assurance Co., 2014 WL 1622103 (E.D.N.Y. Apr. 22, 2014), the United States District Court for the Eastern District of New York dismissed the insureds’ cause of action against...more
The Court of Appeal in England and Wales recently affirmed the High Court’s decision in Alan Bate v Aviva Insurance UK Ltd  EWCA Civ 334, which held that Aviva was entitled to rescind or avoid a domestic property...more
Condominium developers may finally see some relief from the onerous requirements of the Interstate Land Sales Full Disclosure Act (ILSFDA). In September of 2013, the United States House of Representatives unanimously passed...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
Find a Business Torts Author »
Back to Top