Bad Faith

News & Analysis as of

False Filing Still Protected

A policy against making bad faith complaints of discrimination or harassment is no protection for an employer. Recently, an employee – jointly employed by the Army and a private employer – filed a complaint of age...more

Policyholder Takes the Insurer’s Bait and Loses Coverage

In an interesting Order coming from the United States District Court in Western District of Washington, case no C13-1014 (National Union et al v. Coinstar), National Union skillfully avoided a bad faith claim by timely...more

Public Adjusters Do Not Have Free Pass To The Stand

In Falcon v. State Farm Lloyds, the Western District of Texas reminded litigants that licensed public adjusters are not immune from expert witness qualification requirements. Namely, a public adjuster’s license does not...more

Winning Formula for Construction Litigation – Lessons Learned from a Recent Trial Win [Video]

Most construction contracts for major projects have arbitration provisions or jury trial waivers. As a result, construction litigators do not often get to present high-value complex cases to juries. Pepper’s Construction Law...more

Recent Developments in California Bad Faith Law and Related Trends

On July 29, 2014, I spoke on a panel about recent developments in California bad faith law and related trends. My co-presenter was Robert K. Scott of The Law Offices of Robert K. Scott, and we gave the presentation at ACI’s...more

Ninth Circuit Water Loss Case Provides Guidance on Bad Faith Standard for “Genuine Dispute”

In a recent decision in the case of Pyramid Technologies, Inc. v. Hartford Casualty Ins. Co., 752 F.3d 807 (9th Cir., May 19, 2014), the 9th Circuit, relying on California law, upheld a grant of summary judgment dismissing...more

Third Circuit Holds Insurer’s Interpretation of Employer’s Liability Exclusion is Fairly Debatable

A recent 3rd Circuit decision, ArcelorMittal Plate, LLC v. Joulé Technical Services, Inc., 558 Fed.Appx. 205 (3d Cir. 2014) reiterates that under New Jersey law, an insurer does not act in bad faith when denying a claim that...more

Water Loss Case Gives Rise to Dispute Over Bad Faith Standard For ‘Genuine Dispute’ and Admissibility of Expert Evidence

In a recent decision in the case of Pyramid Technologies, Inc. v. Hartford Casualty Ins. Co., 752 F.3d 807 (9th Cir., May 19, 2014), the Ninth Circuit, relying on California law upheld a grant of summary judgment dismissing...more

No Revival Of Class Claims For Plaintiff Who Delayed Amending His Complaint In Bad Faith

An Illinois federal district court has ruled that a class plaintiff whose motion for class certification was denied may not avoid that outcome by amending his complaint to introduce a new legal theory and revised class...more

House Subcommittee Approved TROL Act Defining Bad Faith Communications Made During Patent Assertion as Unfair or Deceptive...

The House Energy & Commerce Committee’s Subcommittee on Commerce, Manufacturing, and Trade considered and approved the Targeting Rogue and Opaque Letters Act of 2014 (“TROL Act”) with a 13-6 vote. The purpose of the TROL Act...more

Insurance Coverage – Bad Faith – Uninsured Motorist Arbitration

Ted Maslo v. Ameriprise Auto & Home Insurance - Court of Appeal, Second Appellate District (June 27, 2014) - When an auto insurer and the insured cannot agree on the value of an uninsured motorist claim, either...more

Chancery Court Provides Additional Room for Shareholders Challenging Change of Control Transactions

What you need to know: In its recent decision in Chen v. Howard-Anderson, Delaware’s Court of Chancery held that directors and officers may be found to have acted in bad faith, thereby breaching their fiduciary duty of...more

Pursuit of a “Smoking Gun” May Be a Recipe for Disaster

In the U.S District Court for the Northern District of Illinois, Judge Matthew F. Kennelly recently held that plaintiffs alleging price-fixing in the text messaging market were not entitled to an adverse inference after...more

Tax Litigation Update: Supreme Court Limits Taxpayers’ Ability to Fight IRS Summons

As we previously reported, on April 23, 2014, the United States Supreme Court heard oral argument in United States v. Clarke, a case which involved the extent to which a taxpayer may investigate the underlying reasons or...more

Bad Faith Sentinel - July 2014

In This Issue: - Eleventh Circuit: Excess Insurer, Like All Florida Bad Faith Claimants, Must Prove Causation to Succeed on Bad Faith Claim Against Primary Insurer - Northern District of Alabama: No Bad Faith...more

Attorneys’ Fees and Prosecuting Bad Faith/UTPA Cases

Attorneys who litigate common law bad faith and Unfair Trade Practices Act claims are well aware that insureds who substantially prevail in an underlying contract action for insurance proceeds are entitled to an award of...more

Western District of Texas: An Expert Must Base a Determination of Bad Faith on the Facts Available to the Insurer When it Acted

Falcon v. State Farm Lloyds, No. 1:12-CV-491-DAE, 2014 WL 2711849 (W.D. Tex. June 16, 2014) - The Western District of Texas finds that a policyholder’s expert witness is not qualified to opine when he does not...more

Northern District of Alabama: No Bad Faith Where Insured Made Misrepresentations in Court Filings and Insurer Reasonably Relied on...

The Northern District of Alabama finds that an insurer did not act in bad faith by denying coverage for damage caused by a house fire where investigators suspected arson, the insured made misrepresentations in bankruptcy...more

Eleventh Circuit: Excess Insurer, Like All Florida Bad Faith Claimants, Must Prove Causation to Succeed on Bad Faith Claim Against...

Westchester Fire Insurance Co. v. Mid-Continent Casualty Co., No. 13-12932, 2014 WL 2766764 (11th Cir. Jun. 19, 2014) - The Eleventh Circuit finds that a primary insurer did not act in bad faith by failing to inform...more

"Non-Trivial Probability" of Excess Judgment Obligates Insurer to Pay for Independent Defense Counsel

The court in Perma-Pipe, Inc. v. Liberty Surplus Insurance Corporation, Case No. 13 C 2989, 2014 U.S. Dist. LEXIS 54867 (N.D. Ill. April 21, 2014), held that a CGL insurer breached its duty to defend by refusing to pay for...more

Supreme Court Provides Standard for Evidentiary Hearing in IRS Summons Enforcement Proceeding

On June 19, 2014, the Supreme Court unanimously ruled that taxpayers have a right to an evidentiary hearing in an IRS summons enforcement action when the taxpayer “offers some credible evidence supporting his charge” of...more

Sanctions Are Appropriate for Factual Misrepresentation and Abuse of Judicial Process

Monsanto Co. v. E.I. Du Pont de Nemours & Co. - Addressing the issue of sanctions following a finding that a litigant abused the judicial process and acted in bad faith, the U.S. Court of Appeals for the Federal...more

Objective Baselessness and Subjective Bad Faith for Exceptional Case Determination Are Still Applicable Even After Octane Fitness

Bianco v. Globus Medical, Inc. - Interpreting recent Supreme Court of the United States precedent that arguably relaxed the legal test for determining whether a case is “exceptional” to warrant an award of attorneys’...more

Eleventh Circuit Rejects Excess Insurers Bad Faith Claim Against Primary Insurer Due to Lack of Damages Causation

The Eleventh Circuit Court of Appeals reversed a Florida district court’s award of damages to the excess insurer on the ground that the excess insurer failed to prove the primary insurer’s alleged bad faith had caused the...more

High Court Opens Door To IRS Personnel Examination

The U.S. Supreme Court issued a unanimous opinion Thursday in United States v. Clarke (No. 13-301) addressing the standard that must be satisfied before a taxpayer can question Internal Revenue Service personnel about its...more

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