News & Analysis as of

State Farm

Occurrence-Based Insurance Policies and Claims-Made Insurance Policies – There’s a Crucial Difference

I’ve yet to find reading through an insurance policy on anyone’s “bucket list.” But read them you should. Or have your attorney read through them (wink, wink). Because when you need to tender a claim there’s...more

Does the Motor Vehicle Exclusion in your Homeowners Policy apply in every case?

Woodland Hills personal injury lawyer Barry P. Goldberg has a critical expertise in analyzing both Auto and Homeowners policies. One of the more confusing areas is whether a Homeowners or Renters liability policy can somehow...more

The Graber Opinion is Confirmed as an Outlier in Matters Involving Texas Appraisals

by Zelle LLP on

With the continued onslaught of hail and other weather related litigation in Texas, insurance carriers often elect to resolve claims through the appraisal process outlined in the policy. Insurance carriers historically...more

Oregon Supreme Court Rules Insurer May Owe Attorney Fees Even After Settlement

by Cozen O'Connor on

The Oregon Supreme Court, in Long v. Farmers Insurance Company of Oregon, ruled that “when an insured files an action against an insurer to recover sums owing on an insurance policy and the insurer subsequently pays the...more

Summary of California Appellate Decisions - February 2016

INSURANCE; BAD FAITH; GENUINE DISPUTE DOCTRINE - Paslay v. State Farm General Insurance Co. (2016) 248 Cal.App.4th 639 203 Cal.Rptr.3d 785 - FACTS: State Farm issued a homeowners policy to Paslay, the...more

Florida's SIU Tool Belt Is a Bit Lighter Today

Florida has been plagued with insurance fraud for decades.  All insurance coverages are susceptible to fraud, but scams are especially prevalent in the context of automobile accidents.  Staged crashes, patient brokering,...more

Federal Courts Refuse to Enforce Waiver of Subrogation Clauses in Certain Residential Situations

by Cozen O'Connor on

In two recent decisions, federal courts sitting in New Jersey and Pennsylvania refused to dismiss subrogation claims filed by the insurers of a homeowner and lessees of apartments who suffered damages paid by their carriers....more

A Reprieve from the Deluge of Hail Litigation in Texas

by Zelle LLP on

In recent years, the number of Texas lawsuits arising from hail-damage claims to residential and commercial properties has reached staggering levels, leaving the courts in several Texas counties struggling to keep up with...more

Alaska Creates Exception to General Rule that Injured Party Cannot Sue Insured’s Carrier

by Cozen O'Connor on

The Supreme Court of Alaska in Burnett v. Government Employees Insurance Company, 2017 WL 382648 (Alaska 2017) recently decided in a 3-2 decision that an insurer who voluntarily assumed the responsibility for cleaning up an...more

Washington Supreme Court Restricts Claims Under the Insurance Fair Conduct Act

In a significant victory for insurers, the Washington Supreme Court interpreted the Insurance Fair Conduct Act (IFCA), RCW 48.30.015, for the first time and held that IFCA does not authorize an independent cause of action for...more

Washington Supreme Court Limits “Insurance Fair Conduct Act” — Three Things Insurers Must Know

by Cozen O'Connor on

On Groundhog Day 2017, the Washington Supreme Court issued its first major opinion interpreting the state’s 2007 “Insurance Fair Conduct Act” (IFCA). The decade-old legislation had caused shockwaves among insurers when its...more

State Farm Fire and Casualty Co. v. United States ex rel. Rigsby

by Nexsen Pruet, PLLC on

The Supreme Court’s unanimous decision in State Farm Fire and Casualty Co. v. United States ex rel. Rigsby addresses sanctions for violating the seal provision of the False Claims Act (FCA). ...more

Accrual of Statutes of Limitations in TX Bad Faith Claims

by Zelle LLP on

Every Texas building owner knows that shortly after a hail or wind storm the doorbell knockers will follow. These doorbell knockers are typically contractors or public adjusters, but may even now be attorneys (or their...more

Fifth Circuit Provides Road Map for Review and Trial of Bad Faith Claims in Mississippi

by Cozen O'Connor on

Mississippi essentially has three levels of claim when insurance is at issue: (1) mere breach of contract, allowing recovery of contract damages; (2) breach of contract + no arguable basis for breach, which entitles recovery...more

Insurance – Coverage – Pyrolysis as an “Occurrence”

by Low, Ball & Lynch on

Tidwell Enterprises, Inc., et al. v. Financial Pacific Ins. Co., Inc. - Court of Appeal, Third Appellate District (December 20, 2016) - According to Merriam-Webster’s Collegiate Dictionary, Pyrolysis is a “chemical...more

Supreme Court Rules on False Claims Act’s Seal Requirement

by McGuireWoods LLP on

In the midst of a False Claims Act (FCA) case, the relators have blatantly violated the FCA’s seal provision. Surely this will lead to dismissal, right? Wrong. On Tuesday, December 6, the Supreme Court unanimously...more

U.S. Supreme Court Rules That Seal Violations Do Not Require Dismissal of Qui Tam False Claims Act Suits

by K&L Gates LLP on

On Tuesday, the Supreme Court issued an anxiously anticipated False Claims Act (“FCA”) decision in State Farm Fire & Casualty Co. v. United States ex rel. Rigsby, holding that a violation of the statute’s seal requirement...more

Supreme Court Rejects Mandatory Dismissal for an FCA Seal Breach

by Bass, Berry & Sims PLC on

The Supreme Court held that a relator’s breach of the seal in a qui tam case does not require mandatory dismissal of the complaint, but the Court declined to articulate what factors are appropriate to consider in determining...more

Fifth Circuit Clarifies Claims Handling Quandary: When Does a Cause of Action Accrue?

by Cozen O'Connor on

The U.S. Court of Appeals for the Fifth Circuit issued a per curiam opinion in De Jongh v. State Farm Lloyds, 2016 U.S. App. LEXIS 21432 (5th Cir. 2016) that clarified a typical but potentially tricky question involving...more

Supreme Court Concludes that Violation of FCA Seal Provision Does Not Necessarily Mandate Dismissal of Qui Tam Suits

by Dorsey & Whitney LLP on

The Supreme Court held yesterday that a violation of the False Claims Act’s seal provision does not mandate dismissal of a relator’s complaint. Justice Kennedy authored the Court’s opinion in the unanimous 8-0 decision. ...more

Supreme Court Holds that Violation of False Claims Act’s Seal Requirement Does Not Mandate Dismissal

by Saul Ewing LLP on

The Supreme Court ruled today (December 6, 2016) in State Farm Fire & Cas. Co. v. U.S. ex rel. Rigsby, ___ S. Ct. ___ (2016). The case probed whether a violation of the False Claims Act’s seal requirement mandated dismissal...more

Supreme Court Decides State Farm Fire & Casualty Co. v. United States ex rel. Rigsby

by Faegre Baker Daniels on

On December 6, 2016, the United States Supreme Court decided State Farm Fire & Casualty Co. v. United States ex rel. Rigsby, No. 15-513, holding that the False Claims Act (FCA) does not mandate dismissal of the case when a...more

Repeated Use of Defective Fireplace Triggers Duty to Defend Even if Active Fire Does Not Break Out Until After End of Policy...

In Tidwell Enterprises v. Financial Pacific Ins. Co. (No. C078665, filed 11/29/16), a California appeals court held that that even though a house fire occurred after the policy period, there was nonetheless a possibility of...more

Supreme Court Hears Argument About Violation of FCA Seal Provision

by Dorsey & Whitney LLP on

This month the Supreme Court heard oral argument in State Farm Fire & Casualty Co. v. United States ex rel. Rigsby, a case centered on allegations dating back to Hurricane Katrina. The Fifth Circuit had previously upheld a...more

Supreme Court Hears Argument on Sanction Standard for Violations of False Claims Act’s Seal Requirement

by Saul Ewing LLP on

We blogged in September about State Farm Fire & Cas. Co. v. U.S. ex rel. Rigsby, 136 S. Ct. 2386 (2016), a case that is pending before the United States Supreme Court. On Tuesday, November 1, the Supreme Court heard oral...more

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