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Bad Faith Sentinel - April 2014

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

Coverage Opinions Remain Privileged in Bad Faith Action Even Where Gist of Recommendation is Set Forth in Letter to Insured

As a matter of first impression, the Supreme Court of West Virginia recently held that coverage opinion letters were protected by the attorney-client privilege even though the insurer subsequently sent correspondence to its...more

California Court Of Appeals: Discrepancy Between Insurer’s Initial Repair Estimate And Actual Cost Of Repairs Did Not Constitute...

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

High Tide for Lapse Cases? New York Federal Court Holds That Investor Lawsuit Is Not Barred by Statute of Limitations

On March 28, 2014, a New York federal court issued an opinion that may have a significant impact on the already increasing number of lapse-related lawsuits in the life insurance industry. In Lebovits v. PHL Variable Insurance...more

Insurance Coverage – Liability of Adjuster for Negligent Misrepresentation

Bock v. Hansen - Court of Appeal, First Appellate District (April 2, 2014)- 40 years ago in Gruenberg v. Aetna Ins. Co. (1973), the California Supreme Court held that in general, an insurance company’s agents...more

California Court Holds An Adjuster May Be Personally Liable For Misrepresentations Made To The Insured

Earlier this month, an intermediate level California court rejected arguments that an insurance company’s adjuster owes no independent duty to the policyholders and cannot be liable even for “appalling” misconduct if he is...more

Court Compels Arbitration Of Coverage Issue In Underinsured Motor Vehicle Policy

A federal district court has compelled arbitration of a coverage issue arising out of an Underinsured Motor Vehicle Coverage (UIM) policy issued by Farm Bureau Property & Casualty Insurance Company. ...more

April 2014: Insurance Litigation Update

New York Court of Appeals Answers Important Questions About Whether an Increased Risk of Harm Constitutes a Physical Injury. Over the past fifteen years, the question of whether tort claims for medical monitoring fall within...more

Eleventh Circuit Recognizes Important Exception to the Eight Corners Rule

Florida courts generally adhere to the Eight Corners Rule when determining whether an insurer has a duty to defend its insured. Under this rule, the duty to defend determination is made by looking only at the terms within...more

District of Colorado: Insurer Entitled To Summary Judgment on Bad Faith Claim Where Insured Repeatedly Failed To Provide Requested...

Keeney v. Auto-Owners Ins. Co., No. 13-CV-00796-RPM, 2014 WL 622509 (D. Colo. Feb. 18, 2014) - District Court in Colorado grants defendant Insurer’s Motion for Summary Judgment where Insured’s failure to provide...more

Eighth Circuit Affirms Disclaimer Based on Patient Bodily Injury Exclusion

In its recent decision in Volk v. Ace Am. Ins. Co., 2014 U.S. App. LEXIS 6570 (8th Cir. Apr. 10, 2014), the United States Court of Appeals for the Eighth Circuit, applying Minnesota law, had occasion to consider the...more

Insurance and Reinsurance Newsletter: Italy - April 2014

1. IVASS (ITALIAN INSURANCE SUPERVISORY AUTHORITY) – NEW REGULATIONS ON COMPLAINTS MANAGEMENT - On 1 April 2014, the draft measure containing amendments to ISVAP (former Italian Insurance Supervisory Authority)...more

Did you know? Recent changes in the law that may impact your construction projects in the Southeast.

Forum Selection Clause - The U.S. Supreme Court recently held that forum selection clauses should be upheld in most circumstances. Have you used a forum selection clause in your contracts which would maximize the...more

Court Allows Third Party Discovery Of Broker Materials Claimed To Be Privileged

Defendant liability insurers sought discovery from Third Party Aon relating to a dispute between defendants and plaintiff regarding an umbrella coverage program. Aon provided some, but not all responsive documents, citing...more

Construction E-Note - April 9, 2014

In This Issue: - Ongoing Or Completed Operations? Fifth Circuit Finds No Duty To Defend Contractor Under Additional Insured Endorsement - Your Venue, My Bond Claim: A Florida Law Primer - The Condominium Form Of...more

First Circuit Holds That AIG Must Defend Directors and Officers in FDIC Litigation

What you need to know: The United States First Circuit Court of Appeals recently held that an insured versus insured exclusion did not exempt AIG from advancing defense costs under a D&O policy in a suit brought...more

Must Claims Severed From A CAFA Class Action Be Remanded To State Court? The Fifth Circuit Says No.

Following Hurricane Katrina, the State of Louisiana filed a class action to recover under homeowners’ insurance policies that the state had received by assignment through a disaster relief program. The insurers successfully...more

Reinsurance Arbitration Dispute Transferred To Venues In Which Arbitrations Were Pending

National Indemnity Company (NICO) sought an injunction in a Nebraska federal district court to prevent Transatlantic Reinsurance Company and its subsidiary (collectively, Transatlantic Re) from commencing arbitration against...more

Minnesota Supreme Court Tolls Payment Bond Deadlines for Fraudulent Concealment

On April 2, 2014, the Minnesota Supreme Court confirmed that fraudulent concealment of a cause of action by a principal on a surety bond will toll a contractual limitations period for claims against the surety. The Court’s...more

Illinois Court Holds Federal Case Law Relevant In Choice of Law Analysis

In its recent decision in G.M. Sign v. Pennswood Partners, 2014 Ill. App. LEXIS 188 (2nd Dist. Mar. 24, 2014), the Appellate Court of Illinois for the Second District had occasion to consider whether to engage in a choice of...more

Redbox Covers the Nation with Red Box DVD Rental Units, But its CGL Policy Doesn’t Cover Redbox

Companies facing liability for possible violations of privacy protection statutes are continuing to look to their traditional commercial general liability policies (“CGL”) for coverage. But, as Redbox recently discovered,...more

Georgia District Court Judge Rules that FIRREA Precludes D&O Insurer Declaratory Judgment Actions Against FDIC as Receiver and...

On March 5, 2014, Judge Richard Story in the United States District Court for the Northern District of Georgia issued an order denying Plaintiff OneBeacon Midwest Insurance Company’s (OneBeacon) Motion for Limited...more

The New York Court of Appeals Considers the Consequences of a Liability Insurer’s Breach of the Duty to Defend

What are the consequences of a liability insurer’s breach of the duty to defend its insured against a potentially covered claim? Recent decisions from the New York Court of Appeals highlight differing views nationwide on...more

4th Circuit Holds Insurer Not Equitably Estopped From Denying Coverage

In an unpublished opinion, the 4th Circuit Court of Appeals reversed a South Carolina District Court judge’s finding that an insurer was equitably estopped from denying coverage to a new owner of the insured business for a...more

Summary Judgment In Favor Of Broker In Malpractice Case Reversed, Where Special Relationship With Insured May Have Existed

In a case involving alleged broker malpractice with respect to certain underinsured business interruption losses under a commercial property insurance policy, the New York high court reversed a lower appellate court’s...more

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