News & Analysis as of

Allstate Insurance Litigation

Cozen O'Connor

Court Differentiates Vandalism from Theft in First Party Insurance Policy

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The United States District Court for the Western District of Washington decided an insurance coverage case involving Plaintiffs Benny and Guangying Cheung and Defendant Allstate Vehicle and Property Insurance Company. Cheung...more

Bennett Jones LLP

When Does Litigation Privilege Extend to Related Proceedings?

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Litigation privilege may continue to protect documents created for one lawsuit from being disclosed in a second, related lawsuit, the Alberta Court of Appeal recently reminded us in Pederson v Allstate Insurance Company of...more

Saul Ewing LLP

District of Connecticut Denies Motion to Dismiss in Faulty Concrete Case, Leaving Open the Question of the Scope of “Sudden” and...

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The District Court for the District of Connecticut denied Allstate's motion to dismiss its insureds’ breach of contract and statutory bad faith claims, finding that the cost to fix damage to the concrete foundation of the...more

Carlton Fields

Court Rejects Insurer’s Spokeo-Based Standing Challenge to TCPA Action

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In a February 20 ruling, the Northern District of Illinois cleared the way for a plumbing company’s putative class action against Allstate Insurance Company and an insurance agency co-defendant by denying the defendants’...more

Robinson+Cole Property Insurance Coverage...

Eastern District of New York Magistrate Recommends Denial of a Motion to Remand and Recognizes the Application of the Fraudulent...

Recently, in Mallek v. Allstate Indem. Co. No. 17-CV-5949-KAM-SJB, 2018 U.S. Dist. LEXIS 42171 (E.D.N.Y. Mar. 12, 2018) [insert link], a federal magistrate in New York recommended that the Court deny a plaintiff’s motion to...more

Saul Ewing LLP

Western District of Washington Looks to When Claim for Coverage Was First Denied in Dismissing Bad Faith Claim As Untimely

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Plaintiff Mary Coppinger was injured in 2010 when her vehicle was rear-ended by Daniel Klein. Both Ms. Coppinger and Mr. Klein were insured through Defendant Allstate. Mr. Klein had a $50,000 policy limit; Ms. Coppinger had...more

Saul Ewing LLP

District of Colorado Grants Summary Judgment for Insurer on Common Law (But Not Statutory) Bad Faith Claim Where No Evidence...

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MacKinney was involved in a motor vehicle accident and sought underinsured motorist coverage from Allstate. Allstate insured MacKinney’s vehicle under three policies. The total UIM coverage under the policies was $150,000,...more

Cozen O'Connor

Ninth Circuit Upholds Bad Faith Award Despite Issues With Policy Limits Demand

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In Madrigal v. Allstate Indemnity Co., Cause No. 16-55830 (9th Cir. June 15, 2017), the Ninth Circuit upheld a jury award assessing $14 million in bad faith damages, even though it was unclear whether the insurer could have...more

Maynard Nexsen

Fourth Circuit Upholds 1-year Statute of Limitations on Flood Insurance Claims

Maynard Nexsen on

In Woodson v. Allstate Insurance Co., the United States Court of Appeals for the Fourth Circuit recently upheld a one-year statute of limitations in flood insurance claims. Briefly, Hurricane Irene flooded the home of...more

Robinson+Cole Property Insurance Coverage...

Suit Limitation Period In Standard Flood Insurance Policy Is Not Tolled By Filing In State Court: Hurricane Irene Claim Dismissed...

The terms and conditions of the Standard Flood Insurance Policy (“SFIP”) are specified by regulations promulgated under the National Flood Insurance Act (“NFIA”). One of the terms in the SFIP provides that the insured cannot...more

Cozen O'Connor

Pennsylvania Federal District Court: Insurer’s Reliance on “Reasonable” Interpretation of Law Does Not Automatically Bar Bad Faith

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On March 13, 2017, the United States District Court, Eastern District of Pennsylvania, rejected the argument that an insurer does not act in bad faith if it relies on a reasonable interpretation of unsettled case law. The...more

Cozen O'Connor

Summary Judgment May Be Appropriate When Insured Fails to Take Reasonable Measures to Prevent Property Damage

Cozen O'Connor on

Many first party property insurance policies exclude claims for water damage that occurs when the insured premises is left vacant or unoccupied, unless the insured has used reasonable care to prevent such losses. In...more

Searcy Denney Scarola Barnhart & Shipley

Florida DCAs Weigh in on Allstate Case; PIP Litigation Now Headed to Supreme Court

The Florida Supreme Court soon will hear arguments in the case of Florida Wellness & Rehabilitation vs. Allstate Fire & Casualty Insurance Co., which pits medical providers against the automobile insurer on the issue of fees...more

Carlton Fields

Insurer’s Action To Arbitrate Stayed In Lieu Of Earlier-Filed State Court Coverage Action

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An Illinois federal court recently stayed an insurer’s petition to compel arbitration of a dispute with its policyholder, finding that abstention in favor of an earlier-filed suit involving the parties was appropriate under...more

Mayer Brown

Third Circuit Holds That Under Pennsylvania Law An Insured Against Whom Punitive Damages Have Been Imposed May Not Recover Those...

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As a matter of public policy, Pennsylvania (like a number of other states) prohibits insuring against punitive damages. But what happens if an insurer refuses to settle a case against a policyholder within policy limits and...more

Proskauer - Insurance Recovery & Counseling

Divided New York Court of Appeals Holds That Under Noncumulation Clause Only One Limit Is Available to Cover Multiple Claims

In Nesmith v. Allstate Insurance Co., New York’s highest court, over a two-judge dissent, held that under the noncumulation clause in a landlord’s liability policy, only one limit was available to cover claims by children...more

K&L Gates LLP

Pennsylvania Supreme Court Holds Policyholders May Assign Their Statutory Right to Recover Punitive Damages Arising from Insurer’s...

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In an issue of first impression, the Pennsylvania Supreme Court recently held in Allstate Prop. & Cas. Ins. Co. v. Wolfe that a policyholder may assign statutory bad faith claims under Pennsylvania’s bad faith statute,...more

Cozen O'Connor

Pennsylvania Supreme Court Rules Statutory Bad Faith Claims are Assignable

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On December 15, 2014, the Supreme Court of Pennsylvania held, in a 5-1 decision, that bad faith claims brought pursuant to 42 Pa. C.S. § 8371 may be assigned by an insured to an injured third party under Pennsylvania law. See...more

Saul Ewing Arnstein & Lehr LLP

Assign Away: Pennsylvania Supreme Court Says Bad Faith Claims May be Assigned

On December 15, 2014, in the case of Allstate Prop. & Cas. Ins. Co. v. Wolfe, No. 39 MAP 2014, slip op. at 1 (Pa. Dec. 15, 2014), the Pennsylvania Supreme Court ruled that an insured may assign a statutory bad faith claim...more

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