Commercial Law & Contracts, Civil Remedies, Insurance

Discoverability of Documents in Insurance Bad Faith Claims

by Pavlack Law, LLC on 5/17/2013

This week we take a look at the ability to discover documents from an insurance company's claim's file in an insurance bad faith claim through the recent Southern District of Indiana decision in Woodruff v. American Family...more

First Circuit Permits Insurer to Retain Policy Premiums Despite Rescission

by Aaron Mandel | Sedgwick LLP on 5/16/2013

Courts often require insurers to return premiums (or at least offer to return them) when rescinding an insurance policy. Some states may even require it under statute. The reason is that rescission is an equitable remedy...more

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

by Jennifer Clark, Stacey Farrell, Angelo Savino | Cozen O'Connor on 5/15/2013

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

Court Adheres to Specific Definition of “Designated Premises”; Holds Policy Cancellation Does Not Preclude Rescission

by Daniel Bryer | Sedgwick LLP on 5/13/2013

In Seneca Ins. Co. v. Cimran Co., — N.Y.S.2d –, 2013 WL 1405231 (App. Div. 1st Dep’t 2013), the New York appeals court granted the insurer’s motion for summary judgment, declaring that it had no duty to defend and indemnify...more

California Supreme Court Hears Argument on Whether Insurance Code Limits UCL Lawsuits Against Insurers

by Larry Golub, Samuel Sorich | Barger & Wolen on 5/13/2013

On May 8, 2013, the California Supreme Court convened to hear oral argument in Zhang v. Superior Court. The case presents the issue of whether conduct of an insurer, which is related to conduct that would violate California’s...more

Use of Additional Insured Status to Reduce Attorneys' Fees

by Conrad Lazo | Fowler White Boggs P.A. on 5/8/2013

Although insurance requirements are typically addressed in most construction contracts, they are often given minimum attention. On the other hand, attorneys’ fees are always a major concern. Notwithstanding, requiring...more

Bad Faith Liability Exposure: an Anvil, a Feather or an Occasional Lever?

by Lynda A. Bennett | Lowenstein Sandler LLP on 5/8/2013

Any company faced with a coverage denial inevitably asks the question: Will the insurance company change its position if we sue them for bad faith? The short answer to the question is usually no. In general, insurance...more

Costs and Attorney Fees Awarded In the Same Action in Idaho

by Christina Ahn | Sedgwick LLP on 5/7/2013

In Employers Mutual Casualty Co. v. Donnelly, No. — P.3d —-, 2013 WL 1693661 (Idaho Apr. 19, 2013), a majority of the Idaho Supreme Court affirmed a declaratory judgment action decision that an insurer was required to pay...more

Kaiser Opinion May Affect Ability to Stack Policies issued by Single Carrier

by Unnati Gandhi | Farella Braun + Martel LLP on 5/6/2013

Policyholders should continue to assert that limits can be stacked in situations where there is continuing damage, despite the California Court of Appeals’ latest decision in Kaiser Cement & Gypsum Corp. v. Insurance Company...more

Landmark Florida Supreme Court Decision: Florida’s Economic Loss Rule

by Neha Dagley | Schecter Law on 4/29/2013

In Tiara Condominium Association, Inc. v. Marsh & McLennan Companies, Inc., the Florida Supreme Court held, in a five-to-two decision, that the economic loss rule is limited to products liability cases. Tiara Condominium...more

Limited Tort Reform Passes Virginia Assembly

by Stephen Baril, William Gray, Ian Lambeets | Sands Anderson PC on 4/17/2013

Virginia‘s 2013 General Assembly session has now concluded. A package of Tort Reform bills met with mixed results—some passing, and other’s failing. The bills that did pass (discussed below) will impact civil practice in...more

California Court Addresses Horizontal Exhaustion Requirement

by Traub Lieberman Straus & Shrewsberry LLP on 4/16/2013

In the recent decision Kaiser Cement & Gypsum Corp. v. Insurance Company of the State of Pennsylvania 2013 Cal. App. LEXIS 269 (2nd Dist. April 8, 2013), the California Court of Appeal considered whether horizontal or...more

Hurricane Sandy's Civil Authority Issues Bear Watching by Reinsurers

by Seth Jackson | Zelle Hofmann Voelbel & Mason LLP on 4/16/2013

As both insurers and reinsurers are well aware by now, the destructive path left by Hurricane Sandy in many Northeast states such as New York, Connecticut, and New Jersey was devastating. To date, reports have estimated...more

Superstorm Sandy: Multiple Occurrences Could Help Maximize Coverage

by Joseph Jean, Matthew Stockwell | Lowenstein Sandler LLP on 4/15/2013

Superstorm Sandy devastated the east coast last October, causing more than $70 billion in damage to New York, New Jersey and Connecticut. Thousands of businesses suffered extensive property damage to their buildings, contents...more

Eleventh Circuit Holds Mental Anguish Claim Not Bodily Injury

by Traub Lieberman Straus & Shrewsberry LLP on 4/12/2013

In its recent decision in N.H. Ins. Co. v. Hill, 2013 U.S. App. LEXIS 7204 (11th Cir. Apr. 10, 2013), the United States Court of Appeals for the Eleventh Circuit, applying Florida law, had occasion to consider whether an...more

New York Appellate Court Rejects MBIA’s Pursuit of Rescissory Damages

by Orrick - Structured Finance Group on 4/10/2013

On April 2, New York’s First Department appellate court ruled that MBIA Insurance Corporation may not obtain rescissory damages in its breach of contract action against Countrywide because MBIA had freely given up its right...more

Supreme Court of Washington Holds that Insurers Are Not Entitled to Reimbursement of Non-Covered Defense Costs

by Eryk Gettell | Sedgwick LLP on 4/5/2013

In a 5-4 decision, the Washington Supreme Court held that an insurer may not recover defense costs incurred under a reservation of rights while the insurer’s duty to defend is undetermined. National Sur. Corp. v. Immunex...more

Supreme Court of Florida Holds That Economic Loss Doctrine Applies Only to Product Liability Cases

by Alison Finnegan, Gordon S. Woodward | Schnader Harrison Segal & Lewis LLP on 4/4/2013

In a recent decision likely to significantly expand the use of tort law in areas previously restricted to contract law, the Supreme Court of Florida limited application of the economic loss doctrine to product liability...more

Bad Faith Sentinel - March 2013

by Gregory M. Boucher, Carolyn Due, Matthew M. Haar, Joseph C. Monahan, Amy L. Piccola, Thomas S. Schaufelberger | Saul Ewing LLP on 4/3/2013

In This Issue: - Southern District Of Ohio: Insurer Does Not Commit Bad Faith By Voiding Policy Due To Insured’s Failure To Promptly And Fully Cooperate With Insurer’s Fire Investigation - Pennsylvania Court...more

Fifth Circuit Reverses District Court in Deepwater Horizon Insurance Coverage Litigation and Grants BP Unlimited Access to...

by John Ellison, Jean Farrell, John Shugrue | Reed Smith on 3/27/2013

On March 1, 2013, a three-judge panel of the United States Court of Appeals for the Fifth Circuit, in In re Deepwater Horizon, No. 12-30230, 2013 WL 776354 (5th Cir. March 1, 2013), held that BP PLC ("BP") can access...more

Class Action Fairness Act: Amount in Controversy after Standard Fire Ins. v. Knowles (U.S. 2013).

by Pavlack Law, LLC on 3/22/2013

In this installment of the Hoosier Litigation Blog by Pavlack Law, LLC, we discuss the Class Action Fairness Act's amount in controversy requirement in light of the United States Supreme Court decision in Standard Fire Ins....more

No Bad Faith Recovery Unless Insured Demonstrates Acts Were A Producing Cause Of Damages

by April Zubizarreta | Cozen O'Connor on 3/21/2013

A jury found that Mid-Continent committed five separate violations of the Texas Insurance Code and awarded $2 million to the insured as compensation for the amount it paid to settle third-party claims. The trial court,...more

NJ’s Bad Faith Legislation Stemming From Superstorm Sandy Needs Emergency Relief

by Ryan Chapoteau, Jeffrey Winn | Sedgwick LLP on 3/20/2013

In the wake of Superstorm Sandy, the New Jersey Legislature is considering the passage of A370, which will enable policyholders to sue insurers for bad faith based on a single alleged violation of the New Jersey Insurance...more

Courts Continue to Split on Whether Defense Obligation Is a First Party Benefit Under Colorado Law, but Agree Duty to Defend Is a...

by Nadia Bugaighis, Christopher Clemenson | Cozen O'Connor on 3/19/2013

In D.R. Horton, Inc.—Denver v. Mountain States Mutual Casualty Co., No. 12-cv-01080 (February 25, 2013), another U.S. District Court judge for the District of Colorado determined a liability insured seeking defense costs from...more

Courts Continue to Split on Whether Defense Obligation Is a First Party Benefit Under Colorado Law, but Agree Duty to Defend Is a...

by Cozen O'Connor on 3/19/2013

In D.R. Horton, Inc.—Denver v. Mountain States Mutual Casualty Co., No. 12-cv-01080 (February 25, 2013), another U.S. District Court judge for the District of Colorado determined a liability insured seeking defense costs from...more

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Commercial Law & Contracts › Civil Remedies › Insurance

Discoverability of Documents in Insurance Bad Faith Claims

First Circuit Permits Insurer to Retain Policy Premiums Despite Rescission

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

Court Adheres to Specific Definition of “Designated Premises”; Holds Policy Cancellation Does Not Preclude Rescission

California Supreme Court Hears Argument on Whether Insurance Code Limits UCL Lawsuits Against Insurers

Use of Additional Insured Status to Reduce Attorneys' Fees

Bad Faith Liability Exposure: an Anvil, a Feather or an Occasional Lever?

Costs and Attorney Fees Awarded In the Same Action in Idaho

Kaiser Opinion May Affect Ability to Stack Policies issued by Single Carrier

Landmark Florida Supreme Court Decision: Florida’s Economic Loss Rule

Limited Tort Reform Passes Virginia Assembly

California Court Addresses Horizontal Exhaustion Requirement

Hurricane Sandy's Civil Authority Issues Bear Watching by Reinsurers

Superstorm Sandy: Multiple Occurrences Could Help Maximize Coverage

Eleventh Circuit Holds Mental Anguish Claim Not Bodily Injury

New York Appellate Court Rejects MBIA’s Pursuit of Rescissory Damages

Supreme Court of Washington Holds that Insurers Are Not Entitled to Reimbursement of Non-Covered Defense Costs

Supreme Court of Florida Holds That Economic Loss Doctrine Applies Only to Product Liability Cases

Bad Faith Sentinel - March 2013

Fifth Circuit Reverses District Court in Deepwater Horizon Insurance Coverage Litigation and Grants BP Unlimited Access to...

Class Action Fairness Act: Amount in Controversy after Standard Fire Ins. v. Knowles (U.S. 2013).

No Bad Faith Recovery Unless Insured Demonstrates Acts Were A Producing Cause Of Damages

NJ’s Bad Faith Legislation Stemming From Superstorm Sandy Needs Emergency Relief

Courts Continue to Split on Whether Defense Obligation Is a First Party Benefit Under Colorado Law, but Agree Duty to Defend Is a...

Courts Continue to Split on Whether Defense Obligation Is a First Party Benefit Under Colorado Law, but Agree Duty to Defend Is a...

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