Winning Formula for Construction Litigation – Lessons Learned from a Recent Trial Win
In This Issue:
- District of Colorado Sinks Insurer’s Motion for Summary Judgment on Bad Faith Claim Where Insurer Allegedly Failed To Timely Investigate Available Coverage for Boating Accident
Parsi v. Daioleslam, 2015 WL 525146 (D.C. Cir. Feb. 10, 2015).
In this appeal from a defamation case, the plaintiff sought the reversal of sanctions imposed by the district court. At trial, the plaintiff sought damages...more
On February 18, 2015, the Supreme Court of New Jersey issued separate opinions in two first-party, uninsured motorist cases against the same auto insurer. Plaintiffs in both cases alleged that the insurer had acted in bad...more
When presented with a lawsuit potentially seeking covered damages, a liability insurer owes a duty to defend and is faced with three options:1) tender the defense unconditionally and therefore control the defense, including...more
In a pair of recent decisions addressing first-party claims for uninsured motorist coverage , Wadeer v. N.J. Mfrs. Ins. Co., A-48-12, 2015 N.J. Lexis 132 (N.J. Sup. Ct. Feb. 28, 2015) and Badiali v. N.J. Mfrs. Ins. Group,...more
The Supreme Court of New Jersey just issued an important pair of decisions for policyholders with bad faith claims against their first-party insurance companies in Badiali v. New Jersey Manufacturers Insurance Group and...more
Progressive Casualty Ins. Co. v. Vigil, No. 32,171 (N.M. Ct. App. Jan. 21, 2015).
Court of Appeals of New Mexico rules that district court abused its discretion in excluding evidence of previous coverage ruling in...more
Haney v. ACE Am. Ins. Co., No. CV-13-02429-PHX-DGC, 2015 WL 58670 (D. Ariz. Jan. 5, 2015).
District of Arizona: Court grants partial summary judgment on bad faith claim for failure of insurer to make retroactive...more
On February 18, 2015, the New Jersey Supreme Court issued companion decisions – Badiali v. New Jersey Manufacturers Insurance Group and Wadeer v. New Jersey Manufacturers Insurance Group – that impact insurers’ handling of...more
What’s the latest news on Arizona’s civil defense verdicts? Here are some interesting defense verdicts from 2014:
- Steak Out Restaurant & Saloon, L.L.C. et al. v. Old Lobos T&T, L.L.C. et al. Steak Out Restaurant...more
Granite State Ins. Co. v. Integrity Structures, LLC, No. C14-5085BHS, 2015 WL 136006 (W.D. Wash. Jan. 9, 2015).
The U.S. District Court for the Western District of Washington held that an insurer did not act in bad faith...more
A legal dispute stemmed from Utica Mutual Insurance Company’s late notice of claim to Fireman’s Fund Insurance Company, Utica’s reinsurer. Although the parties’ facultative reinsurance certificate required Utica to provide...more
In This Issue:
- Western District of Washington: Insured That Violated Duties of Notice and Cooperation Could Not Make Out Claim for Bad Faith Based on Insurer’s Lengthy Investigation
- Western District of...more
Scottsdale Ins. Co. v. Addison Ins. Co., et al. 2014 WL 6958157 (Mo. banc. December 9, 2014) -
In a matter of first impression, the Supreme Court of Missouri, en banc, affirmed a decision by the Missouri Court of...more
Two decisions from the New Jersey Supreme Court have affirmed that there can be no liability for bad faith in cases where an insurer’s actions in denying a claim are deemed "fairly debatable." While these decisions show a...more
In Everest Indemnity Insurance Company v. Rea, the Arizona Court of Appeals held that an insurer does not waive the attorney-client privilege by asserting the defense of subjective good faith in a bad faith case unless it...more
In its recent decision in Spandex House, Inc. v. Travelers Property Cas. Co. of America, Inc., 2015 U.S. Dist. LEXIS 14667 (S.D.N.Y. Feb. 6, 2015), the United States District Court for the Southern District of New York had...more
In Schumacher v. State Auto. Mut. Ins. Co., No. 13-cv-00232, 2015 U.S. Dist. LEXIS 11857 (S.D. Ohio Feb. 2, 2015), the Southern District of Ohio struck class allegations from a putative class action alleging breach of the...more
Cline v. Allstate Ins. Co., No. 6:13-CV-182-HAI, 2014 WL 7074973 (E.D. Ky. Dec. 15, 2014).
After Denial of Claim for Loss from Fire on Basis of Exclusion for Criminal or Intentional Acts, Insurer wins Cross-Motions for...more
Geico Gen. Ins. Co. v. Gould, No. 14-10913, 2014 WL 7013971 (11th Cir. Dec. 15, 2014) (per curium).
The U.S. Court of Appeals for the Eleventh Circuit reversed a grant of summary judgment for an insurance company. It...more
Hurricane Sandy continued to generate a significant amount of litigation during 2014 which resulted in several important property insurance decisions. Most notably, as a result of Sandy and other events, the courts...more
On September 5, 2014, the Fifth District Court of Appeal issued its en banc decision in Boozer v. Stalley, 146 So. 3d 139 (Fla. 5th DCA 2014), holding that in a third-party bad faith action, the attorney-client privilege...more
Scottsdale Ins. Co. v. Addison Ins. Co., No. SC 93792 (Mo. Dec. 9, 2014).
Supreme Court of Missouri rules in an en banc decision that neither an excess judgment nor a failure to pay policy limits are essential elements...more
Liberty Mut. Fire Ins. Co. v. JT Walker Indus., Inc., No. 2:08-02043-MBS, 2014 WL 6773517 (D.S.C. Dec. 2, 2014).
The U.S. District Court for the District of South Carolina sets aside a jury’s verdict awarding punitive...more
In Greenwell v. Auto-Owners Ins. Co. (No. C074546, filed 1/27/15), a California appeals court held that the use of a mailing address to send policies and renewals into California did not support jurisdiction for a California...more
Back to Top