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Negligence › Settlement Offer

Nelson Mullins Riley & Scarborough LLP

SC Supreme Court Clarifies Statutory Cap on Punitive Damages

Nelson Mullins Riley & Scarborough LLP on

The South Carolina Supreme Court recently decided Garrison v. Target Corporation in which it interpreted South Carolina’s statutory cap on punitive damages....more

Cozen O'Connor

A Jury Must Find An Insurer Acted Unreasonably In Order To Find Bad Faith Failure to Settle

Cozen O'Connor on

On March 8, 2021 the California Court of Appeal, reversing a $10 million verdict against Farmers, found that a jury must specifically find unreasonable acts by an insurer to support a “failure to settle” bad faith...more

Robins Kaplan LLP

“That Settles It”: The Georgia Supreme Court Provides Clarity Regarding an Insurer’s Duty to Settle

Robins Kaplan LLP on

NEW GUIDANCE FROM THE GEORGIA SUPREME COURT RE: AN INSURER’S DUTY TO SETTLE - The issue of whether an insurer has fulfilled its duty to settle in good faith was recently litigated in Georgia. Under Georgia law “[a]n...more

Butler Weihmuller Katz Craig LLP

Duty to Initiate Settlement Negotiations Under Powell not Triggered Unless Liability is Clear

Butler Weihmuller Katz Craig LLP on

In a recent decision, the Eleventh Circuit Court of Appeals affirmed an important order of the United States District Court for the Northern District of Florida in a so-called “Powell claim.” Welford v. Liberty Mutual Ins....more

Farella Braun + Martel LLP

Insured May Bear the Consequences of Insurer’s Negligence

Farella Braun + Martel LLP on

For decades, California courts have mandated that an insurer is obligated to accept a “reasonable” settlement demand within policy limits on behalf of its insured. If it fails to do so, it is liable for the entire judgment,...more

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