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In a per curiam decision without a published opinion, the Pennsylvania Supreme Court denied National Union Fire Insurance Company of Pittsburgh’s (“National”) appeal from a Superior Court decision holding that National had a...more
A recent Arizona Court of Appeals decision, Everest Indemnity Insurance Company v. the Hon. John Rea, Judge of Sup. Ct of State of Az.,2015 WL 195450, addresses the attorney-client privilege in a bad faith case. Everest...more
In Bishop v. Progressive Express Insurance Co., 40 Fla. L. Weekly D119a (Fla. Dist. Ct. App. 1st Dist. January 6, 2015), the First District considered a case alleging that the insurer made statements and undertook actions...more
Your insured is sued, along with several other additional or named insureds. You receive a policy limits demand that is reasonable, but the limit is insufficient to settle all claims against all of the defendants. What do you...more
For the purpose of those individuals who undertake direct representations of insurers, it is significant to be able to recognize who can sue an insurer (their clients) for bad faith. Nine years have passed since the...more
Stanford v. National Grange Ins. Co., Civil Action No. 11-7144 (E.D. Pa. Nov. 3, 2014).
Eastern District of Pennsylvania grants insurer’s motion for summary judgment on bad faith claim in dispute over payment of...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
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
SUMMARY: In this case, the court found that the employer, serving as plan administrator of a group life insurance plan providing basic and supplemental coverage, may be liable for monetary damages for breach of its fiduciary...more
Plan trustees often look to settle ERISA fiduciary breach claims brought against them as a way to put the past behind them. Assuming there is enough fiduciary liability insurance coverage available to pay the proposed...more
Nationwide Life Insurance Co. has agreed to settle ERISA fiduciary breach claims brought on behalf of a class of retirement plan trustees that purchased annuity contracts and/or services from Nationwide for their plans....more
In the recently decided matter of Van Loo, et al. v. Cajun Operating Company, et al., No. 2:2014cv10604 (E.D. Mich. 2014), the U.S. District Court for the Eastern District of Michigan rejected allegations of a fiduciary duty...more
In late August, a federal district court in Louisiana granted a group of defendants’ motion to stay pending arbitration. Plaintiff alleged breach of fiduciary duty, negligence, and fraud in connection with a trust account set...more
The United States District Court for the Western District of Washington ruled recently that the state’s corporate practice of medicine doctrine does not provide a private right of action, either express or implied, and...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
Shaffer v. State Farm Mut. Auto. Ins. Co., No. 1:13-CV-01837, 2014 WL 5325340 (M.D. Pa. Oct. 20, 2014).
Court grants summary judgment to insurer where lengthy investigation was required to determine causation for UIM...more
Cadle v. Geico Gen. Ins. Co., No. 6:13-CV-1591-ORL-31G, 2014 WL 4983746 (M.D. Fla. Oct. 6, 2014).
Middle District of Florida finds that insured’s bad faith claim for first-party failure to settle could not properly be...more
Who: Plaintiffs: Fifth Third Bancorp and Fifth Third Bank
Defendants: Ace Insurance Company, Axis Insurance Company, Certain Underwriters at Lloyd’s, Continental Insurance Company, Federal Insurance Company,...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 recent years, more than two dozen insurance companies, including Liberty Mutual, AIG, and CNA, have entered into reinsurance arrangements with National Indemnity Company (“NICO”), a subsidiary of Berkshire Hathaway Inc....more
In its recent decision in SSM Health Care Corp. v. Repwest Ins. Co., 2014 U.S. Dist. LEXIS 158164 (E.D. Mo. Nov. 7, 2014), the United States District Court for the Eastern District of Missouri had occasion to consider whether...more
The Florida Supreme Court has accepted for review a First District decision holding that Florida’s state insurer of last resort, Citizens Property Insurance Corporation, is not immune from a statutory bad faith failure to...more
On October 16, Judge Susan J. Dlott of the United States District Court for the Southern District of Ohio granted in part and denied in part several JPMorgan entities’ motion to dismiss a complaint filed by several Western &...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
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