News & Analysis as of

Policy Limits Insurance Industry

Cozen O'Connor

The Time Limited Demand and Duty to Settle: Common Themes and Advising Your Insurer Client How to Avoid Bad Faith

Cozen O'Connor on

There must be something in the water or the plaintiff’s bar just had a conference where the keynote speaker addressed strategies for putting pressure on insurers by issuing time-limited demands (“TLD”) because we have been...more

Presley & Presley

Written Settlement Demand Not Necessary

Presley & Presley on

With increasing frequency, insurers are challenging the sufficiency and clarity of settlement demands they failed to previously accept. The insurer’s challenges can take many forms but most focus on a demand not being written...more

Cozen O'Connor

Does an Optional Release Constitute Bad Faith?

Cozen O'Connor on

In Brodowy v. Progressive Direct Ins. Co., the Ninth Circuit affirms the district court’s granting of Progressive Direct Insurance Company’s (“Progressive”) motion for summary judgment as to claims alleging bad faith and...more

Marshall Dennehey

Without a Judicial Determination That the Insurer Acted in Bad Faith, It Was Reversible Error for the Trial Court to Enter a Final...

Marshall Dennehey on

State Farm Mutual Automobile Insurance Company v. Finson, Apr. 17, 2024, 2nd DCA - This appeal followed a trial for underinsured motorist (UM) benefits in which the judge entered a final verdict in the amount of...more

J.S. Held

Analyzing Business Income Losses Following Ingress/Egress & Service Interruptions

J.S. Held on

The first two papers in this series—Handling Business Income Loss During Hurricane Season and Projecting Revenues for Business Income Losses During the Pandemic—largely emphasized impacts from the pandemic and the resulting...more

DRI

The Jenga Effect: Avoiding Traps in Policy Limit Demands & Balancing Liability Excess Insurance Towers

DRI on

In the intricate landscape of catastrophic trucking cases and the interplay of multiple layers of liability insurance can resemble a precarious game of Jenga. Each move carries the potential to destabilize the structure,...more

Goldberg Segalla

[Webinar] How to Handle Multiple Claimants and Insureds with Insufficient Policy Limits - July 31st, 12:00 pm - 1:00 pm EDT

Goldberg Segalla on

Questions arise when an insurer is faced with multiple claimants and insufficient policy limits to settle all claims. Join partners Colleen E. Hayes and Thomas M. Wester for a discussion of the approaches various...more

Cozen O'Connor

Next Steps for an Excess Insurer After an Unsuccessful Hammer Letter

Cozen O'Connor on

Insurers are frequently asked to satisfy their duty of good faith and fair dealing by entertaining reasonable settlement offers within the combined limits of the policies. However, primary and excess insurers do not always...more

Robins Kaplan LLP

California's Sustainable Insurance Strategy: Balancing Innovation with Industry Challenges

Robins Kaplan LLP on

In the fall of 2023, California's Department of Insurance unveiled the Sustainable Insurance Strategy, a comprehensive initiative aimed at reforming the state’s insurance market. The impetus for this strategy was driven by a...more

Robins Kaplan LLP

A Magnifying Glass on the Notice Prejudice Standard in Massachusetts for Excess Insurers

Robins Kaplan LLP on

What happens between a primary and excess liability insurer when their mutual insured is hit with a verdict $2.15 million over the primary limit and the excess insurer was not put on notice until after the verdict? This was...more

Presley & Presley

Interpleader Insufficient to Erase Extra-Contractual Exposure

Presley & Presley on

In states that haven’t passed safe harbor legislation, multiple claimants and insufficient limit claims pose certain challenges to insurers in the claims handling stage. Numerous claimants competing for severely limited...more

Presley & Presley

No “Claim”, No Coverage

Presley & Presley on

Claims Made and Reported policies are their own animal. Proper reporting of claims is vital to ensure coverage for any loss. Knowing what constitutes a “claim” that must be reported and when and how to report the claim can be...more

Lowenstein Sandler LLP

Do the Sublimits in Your Insurance Policies Expand or Reduce Coverage?

Lowenstein Sandler LLP on

Earlier this month, the New Jersey Appellate Division issued an unpublished opinion reminding policyholders of the first rule of insurance: Words matter. In Rivera v. Starstone Specialty Ins. Co.,1 the court was asked to...more

Bradley Arant Boult Cummings LLP

Insurance in the Know (Part 2): Settlement Offers Within Policy Limits Heighten Scrutiny on Insurers

Parties to a lawsuit may have vastly different perspectives on the validity and value of a claim, but as a matter of course, the issue of settlement will arise. Trial is an exceedingly expensive endeavor with an uncertain...more

Morris, Manning & Martin, LLP

Excess Insurer’s Policy Conditions Shield It from a Potential $10 Million Coverage Liability

Excess insurers facing claims should heavily scrutinize their policies for conditions that may be unsatisfactory —even if seemingly immaterial— because they can provide a complete defense to coverage. In a recent case, an...more

Presley & Presley

No Settlement Opportunity, No Problem

Presley & Presley on

The vast majority of extra-contractual/bad faith cases involve a carrier’s failure to secure a release of an insured by accepting a reasonable settlement opportunity within the policy limits. The absence of a reasonable...more

Goodwin

Developments in W&I Insurance in Asia

Goodwin on

In recent years, the number of insurers offering M&A insurance (known as warranty and indemnity (W&I) insurance) in Asia has doubled. This is ushering in a new era for risk allocation in M&A that is more favorable to buyers...more

Morris, Manning & Martin, LLP

Georgia Court of Appeals Invalidates Another Insurer’s Acceptance of a Holt Demand Based on Language in Settlement Check

Insurers attempting to accept a time-limited demand (often called a “Holt” demand in Georgia) must adhere to every term and condition of performance therein, even those that appear immaterial; otherwise, a court may find that...more

Goldberg Segalla

[Webinar] The Time-Limited, Policy-Limit Demand: A Legal and Practical Approach - February 28th, 12:00 pm - 1:00 pm EST

Goldberg Segalla on

Join Goldberg Segalla partners Christian A. Cavallo and Dustin C. Blumenthal for an interactive webinar discussing practical and legal considerations for insurers presented with a time-limited demand that they pay their...more

BakerHostetler

Insurance Class Action Update - 2023 Q1

BakerHostetler on

This year began like the last one ended, with lots of activity. Total loss class actions kept going around the country, and labor depreciation class actions experienced ups and downs, depending on one’s viewpoint. New class...more

Sheppard Mullin Richter & Hampton LLP

Ninth Circuit Confirms that the Two-Year Statute of Limitations in a Bad Faith UM/UIM Claim Begins when the Insured Should Have...

In an issue of first impression, the Ninth Circuit Court of Appeals affirmed summary judgment for Allstate and held that the two-year statute of limitations for bad faith claims arising out of an uninsured/underinsured...more

Farella Braun + Martel LLP

More Stringent California Claim Law Could Benefit Policyholders

To combat a perceived litigation tactic by plaintiffs counsel of using settlement demands within policy limits to set up insurers for bad faith, insurance company associations lobbied for statutory clarification to avoid...more

Rumberger | Kirk

Breaking Down Bad Faith: Insurers’ Good Faith Duties and Defending Bad Faith Claims

Rumberger | Kirk on

Insurance companies facing a bad faith claim are at risk for extra contractual damages—additional damages above the existing limits to a policy. In this episode of Legally Qualified, RumbergerKirk insurance coverage attorneys...more

Venable LLP

Defense Costs for Long-Tail Claims: Making the Most of Your Insurance Coverage

Venable LLP on

Long-tail claims involve continuous or progressive injuries that occur over the course of multiple years. Often these claims occur in the context of long-latency diseases, such as those arising from asbestos exposure, or...more

Houston Harbaugh, P.C.

Third Circuit: Pennsylvania auto insurers need not obtain new UIM election forms when a new vehicle is added to an existing policy

Houston Harbaugh, P.C. on

On September 29, 2022, the Third Circuit Court of Appeals held, as a matter of first impression, the Pennsylvania Motor Vehicle Financial Responsibility Law (MVFRL) only requires auto insurers to seek elections of...more

131 Results
 / 
View per page
Page: of 6

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide
- hide