Constitutional Law Insurance Business Torts

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Has Exposure To Punitive Damages Increased In Arizona?

Until recently, it was generally accepted that punitive damages awards are to track awards of compensatory damages on a 1:1 ratio. This ratio was convenient for defendants, as it provided some amount of certainty when...more

Insurer’s Liability for Breach of Contract Is Not a Condition Precedent to Insured’s Bad Faith Claim

A Florida appeals court recently held in Cammarata v. State Farm Florida Insurance Co. that an insured is not required to show that its insurer breached the insurance policy before it can bring a claim for bad faith. Although...more

In Edmonson, Third Circuit Affirms Summary Judgment for Insurer in Retained Asset Account Case

In one of many cases challenging the use of retained asset accounts in group insurance benefit plans, the Third Circuit, in Edmonson v. Lincoln National Life Insurance Company, affirmed summary judgment for the defendant...more

Tennessee Insurance Legal News - June 2013 • Volume 2, Number 2

In This Issue: - TENNESSEE ATTORNEY GENERAL HOLDS THAT TENNESSEE STATUTE PROHIBITING PREFERENCES OR DISTINCTIONS IN CERTAIN INSURANCE TRANSACTIONS IS NOT UNCONSTITUTIONAL: In its April 24, 2013 opinion, the...more

NY Appellate Court Holds CIFG and Syncora Lack Standing in $1.8 Billion MBS Suit

On April 25, the First Department of the Appellate Division of the New York Supreme Court affirmed an order barring monoline insurers CIFG and Syncora from suing GreenPoint Mortgage Funding for alleged violations of...more

Legal Alert: Constitutional Challenge to Kentucky's Death Master File Statute Rejected

A Kentucky state trial court has rejected a challenge to a state statute requiring life insurers to search the Social Security Administration Death Master File (DMF) and attempt to locate potential beneficiaries, holding that...more

Arizona Upholds $54 Million Reduction of Punitive Damages in Insurance Bad Faith Case

The Arizona Court of Appeals recently upheld a trial court's reduction of a $55 million punitive damages award to only $620,000 and further reduced the punitive damages to $155,000-a 1:1 ratio to compensatory damages....more

Tenth Circuit Rules That Title Insurers Did Not Violate Antitrust Laws Even If They Allegedly Conspired to Bribe the State...

On April 26, 2011, the U.S. Court of Appeals for the Tenth Circuit affirmed, on the basis of the filed rate doctrine and other grounds, a lower court’s decision to dismiss putative class claims asserted against Insurer...more

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