What is a Damron Agreement?
Cyber Risks Facing Businesses Today
Polsinelli Podcasts - Protecting Policy Holders From Arbitration Bias
Why Cyber Security?
Underwriters, Universities and Government Debt Issuers Face a Critical Deadline
Understanding Supplemental Spousal Liability Insurance in NY
Polsinelli Podcast - Insurance Recovery Disputes 101
Claims: Government Investigations, Enforcement and Triggering Insurance Coverage Under D and O Insurance
North Carolina Unemployment Insurance Reform Webinar
Ralph Ferrara Discusses Private Securities Litigation at PLI
The Affordable Care Act & the Impact on the C-Suite – Interview with Alden Bianchi, Member, Mintz Levin
The Affordable Care Act: The Structure of Health Plans – Interview with Alden Bianchi, Member, Mintz Levin
Condo Adviser: What is 'FHA approved,' exactly?
Greenberger: Derivatives Legislation Would Seriously Weaken Dodd-Frank
NFA Chairman Chris Hehmeyer Talks Bankruptcy Reform
Ritholtz: Insurance Regulators Should Oversee Derivatives
How to Respond to President Obama's Cybersecurity Executive Order
Ritholtz: 'Dot Com Bonus Envy' Stymies Wall St. Reform
Insurance Lawyer: Very Limited Coverage for Hurricane Sandy
Weekly Brief: Hurricane Sandy, GC Donations, Tweeting Fake News
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
Barry P. Goldberg is regularly asked whether an insurer is committing “bad faith” by failing or refusing to settle a case. Most accident victims do not realize that the “at fault” party’s insurer really owes virtually no duty...more
In its recent decision in Maslo v. Ameriprise Auto & Home Insurance, 2014 Cal. App. LEXIS 564 (Cal. App. June 27, 2014), the California Court of Appeals for the Second Appellate District had occasion to consider whether an...more
California Court of Appeals affirms a jury verdict finding an insurer liable for settlement costs of its insured when the insurer refused to defend its insured in bad faith.
San Diego Apartment Brokers (“Brokers”)...more
If an insurance company refuses to settle a claim, once liability has become reasonably clear and there is an opportunity to settle within limits, the defending insurer runs the risk of an excess verdict. Once the verdict is...more
Safeco Ins. Co. of Illinois v. Rader, No. 1D13-2659, 2014 WL 660204 (Fla. Dist. Ct. App. Feb. 21, 2014).
After entry of partial summary judgment on UM claim, insured successfully moved to amend his complaint to add a...more
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
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
Allstate Prop. & Cas. Ins. Co. v. Wolfe, No. 12-4450 (3d Cir. Feb. 20., 2014) -
Third Circuit petitions Supreme Court of Pennsylvania to decide whether an insured tortfeasor can assign his or her statutory bad faith...more
In This Issue:
- Indiana Bad Faith Ruling is Reminder that Resolution of Breach of Contract Claims in Favor of Insurer Does Not Necessarily Require Disposal of Tort-Based Bad Faith Claims
- Fifth Circuit Court...more
Barger & Wolen LLP Secures Summary Judgment On Behalf of Client -
District Court Reaffirms “Genuine Dispute Doctrine,” Precludes Bad Faith Claim:
LOS ANGELES –On November 29, 2013, United States District Court...more
The California Court of Appeal in Reid v. Mercury Insurance Company [(2013) 220 Cal.App.4th 262 (rehearing denied November 6, 2013)] found no California authority “standing for the proposition that there is a duty to settle...more
Mt. Vernon Fire Ins. Corp. v. Oxnard Hospitality Enterprise, Inc., et al. -
Court of Appeal, Second District (September 16, 2013) -
Commercial liability policies for entertainment businesses often contain an...more
The New Jersey Appellate Division has held that an individual retained to serve as an arbitrator cannot act as a mediator and then return to the role of arbitrator.
The New Jersey Supreme Court has held that “if the parties to mediation reach an agreement to resolve their dispute, the terms of that settlement must be reduced to writing and signed by the parties before the mediation comes...more
In Reid v. Mercury Insurance Co., __ Cal. Rptr. 3d ___, 2013 WL 5517979 (Cal. Ct. App. Oct. 7, 2013), the California Court of Appeals held that an insurer cannot be found liable for bad faith failure to settle within the...more
The United States District Court for the Southern District of California recently considered whether the carrier’s late payment of the insureds’ economic damages eliminated a claim for bad faith and held that it does not....more
On October 7, 2013, the California Court of Appeal for the Second Appellate District held in Reid v. Mercury Insurance Company that an insurer that acknowledged its insured’s liability for a third party’s injuries and...more
The New Jersey Supreme Court has issued a ruling in Willingboro Mall v. Franklin Avenue, LLC that when settlement is reached at a mediation, the terms of the settlement must be memorialized in writing before the mediation...more
Marina Karvelas was quoted in a July 18, 2013, article published by Claims Journal, Could Medpay Be The Latest Target In California Bad Faith Claims, about a recent appeals court decision in California dealing with bad faith...more
Getting Over the Bar: Second Circuit Requires Actual Payment of Underlying Limits In Order to Trigger Excess D&O Policies -
In June, the Second Circuit held that two Federal Insurance Company ("FIC") excess D&O...more
In the recent decision of Schifino v. GEICO General Ins. Co. et al., 2013 WL 2404115 (W.D.Pa. 2013), and for the second time in less than a year, the district court for the Western District of Pennsylvania precluded a...more
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
The California Supreme Court has granted review of the Court of Appeal’s decision in Hartford Casualty Insurance Company v. Swift Distribution, Inc., 210 Cal. App. 4th 915 (2d Dist. Ct. App. Oct. 29, 2012), review granted 152...more
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