What is Subrogation and How Does it Affect Settlement Amounts?
Although we are seeing the tail end of many of the claims which arose from the Global Financial Crisis, the sophisticated plaintiff’s bar and ever-developing class action landscape means that companies and their officers will...more
In Greene v. Farmers Insurance Exchange, the Texas Supreme Court clarified the scope and application of § 862.054 of the Texas Insurance Code, the “anti-technicality” statute, holding that the clause would only operate in...more
In a case of first impression, a California District Court has ruled that California law does not preclude an insured from retaining multiple law firms as independent or Cumis counsel where the insurer is defending under...more
When an insurer agrees to defend its insured against a potentially covered claim without reserving the right to deny coverage, the insurer usually has the right to control the defense of the underlying lawsuit. See 3 Jeffrey...more
Last week, the Texas Supreme Court handed down a length opinion that involved the material breach doctrine. The doctrine — adopted twenty years ago in Hernandez v. Gulf Group Lloyds, 875 S.W.2d 691 (Tex. 1994) and...more
An insured’s attempt to circumvent the claims-made-and-reporting requirements of its professional liabilty policy, by arguing that the doctrine of promissory estoppel applied, was thwarted when a court ordered summary...more
In an opinion filed August 5, Florida’s First District Court of Appeal held that Florida’s unclaimed property law does not make life insurance proceeds due and payable at the time of the insured’s death and does not impose an...more
During the first six months of 2014, Washington judges issued several notable insurance-related decisions. Some of those decisions were favorable to insurers and could benefit insurers in future insurance claims and lawsuits...more
This year, 2014, is lining up with interesting insurance coverage cases pending across the country which may lead to far reaching decisions.
In California specifically, it is apparent to us that the Hartford Insurance...more
In its recent decision in Netspend Corp. v. AXIS Ins. Co., 2014 U.S. Dist. LEXIS 97656 (W.D. Tex. July 18, 2014), the United States District Court for the Western District of Texas had occasion to consider what constitutes a...more
An insured under an errors and omissions policy gives timely notice of circumstances during the policy period in effect when it first became aware of its potential civil liability. The E&O insurer acknowledges notice. ...more
The Ministry of Finance has engaged the accounting firm KPMG to provide annual reports to the government in 2014 and 2015 on a variety of issues relating to auto insurance, including the effect of the 2010 changes on the...more
A recent decision by the Financial Services Commission of Ontario reiterates that the onus to prove entitlement to benefits and treatment outside of the Minor Injury Guideline rests with the Insured....more
If you are not using the Insurance Case Law Index regularly to check on Illinois insurance cases, you are missing out on a great resource. Now summarizing over 1,890 Illinois state and federal case citations, holdings and...more
If the Beaver owned a classic 1959 Ford Fairlane, he would not have been insured for UIM benefits under the Cleaver family auto policy. In Beaver v. American Family Mutual Insurance Company, 234 Ariz. 584, 324 P.3d 870 (App....more
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
Los Angeles Uninsured Motorist Attorney, Barry P. Goldberg, represents insured accident victims on a regular basis. Many of these insured clients honestly believe that they have "full coverage" and are adequately protected if...more
In This Issue:
- Court of Appeals of the State of Washington: Bad Faith Damages May Exceed the Amount of a Reasonable Covenant
- Southern District of Mississippi: Insurer Providing Coverage Opinion to Insured...more
Miller v. Kenny, No. 68594-5-I, 2014 WL 1672946 (Wash. Ct. App. Apr. 28, 2014) -
The Court of Appeals of the State of Washington held that a reasonable covenant judgment, consisting of the total liability of the...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
The case involved two facultative reinsurance contracts, each of which covered excess liability for similar umbrella liability insurance policies, and each of which contained a “follow the settlements” provision. After the...more
Orange v. The Travelers Indemnity Co., No. 7:13-CV-06790-NSR (S.D.N.Y. May 14, 2014).
The Southern District of New York granted an insurer’s partial motion to dismiss insured’s separate claim of bad faith as...more
In Gotham Insurance Co. v. Warren E&P Inc., the Texas Supreme Court recently addressed an age-old and often-asked question: Can an insurer recoup money paid to its insured when it later learns it overpaid? The answer:...more
Insurance companies hate paying to defend claims they believe may not be covered - especially where the defense fees are significant. But when they do pay for the defense of claims they feel they should not have to...more
A recent decision of the Federal Court of Australia has raised the importance of Insureds carefully considering the risk of implied waiver of legal professional privilege attaching to documents passed by Insureds to Insurers....more
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