Bad Faith Sentinel - February 2013

In This Issue:


- Southern District Of California: Excess Insurer Liable For Bad Faith For Two Month Delay In Responding To Insured’s Demand To Either Pay Negotiated Settlement Or To Take Over Insured’s Defense........... pages 1 - 2

- Western District of Oklahoma: Bad Faith Claim Cannot be Brought Against Holding Company with No Ties to State, Unless It Has Pervasive Control Over Subsidiary’s Actions as an Insurer page 3 Middle District of Pennsylvania: Allegations Sufficient to Maintain Bad Faith Claim Against Holding Company......... pages 3 - 4

- Nevada Court Holds That Insurers Must Produce Claims, Investigation And Underwriting Files In Response To Discovery Requests Despite Limited Relevance To Breach Of Contract Claim............. pages 4 - 5

- Excerpt from "Southern District Of California":

Beginning in 2007, LMA North America, Inc. (“LMA”) and its competitor, Ambu A/S (“Ambu”), engaged in contentious litigation in which LMA initiated a lawsuit alleging patent infringement and Ambu asserted counterclaims against LMA for alleged false and disparaging advertising, with alleged damages of up to $30 million. Ambu’s counterclaims were covered claims under LMA’s primary and excess insurance polices with CNA (primary) and National Union Fire Insurance Company of Pittsburgh (“National Union”). CNA’s primary policy had limits of $1 million and National Union’s policy had excess limits of $14 million.

Please see full newsletter for more information.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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