News & Analysis as of September 22, 2024

Statute of Limitations › Bad Faith

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Statute of Limitations refers to a statute that sets the time period during which a legal claim can be brought. Most statute of limitations laws require individuals to sue at some point during a set period usually commencing from the date of the wrong or injury or the discovery of the wrong or injury. Except for under a limited set of circumstances, if an individual does not file a suit within the specified time period, the law bars them from ever suing on that claim. less -

Renewing a Faulty Insurance Policy Does Not Extend the Statute of Limitations.

Marshall Dennehey on 2/26/2024

Lewicki v. Grange Ins. Co., 8th Dist. Cuyahoga No. 112705, 2023-Ohio-4544 - The Eighth District Court of Appeals dismissed this complaint that alleged negligence and bad faith against an insurer and an agent after a...more

Insurance Update - January 2024

Rivkin Radler LLP on 1/23/2024

In our January insurance update, we include three state cases addressing some less common situations. It’s not often that a pollution exclusion is interpreted in the context of an auto policy. But the South Dakota Supreme...more

Can I Recover Fees Under an Offer of Judgment Even if I Lose on Appeal? - McGlinchey Commercial Law Bulletin - June 22 2023

McGlinchey Stafford on 6/23/2023

Marchbanks v. Ice House Ventures, LLC, Slip. Op. No. 2023-Ohio-1866. In this discretionary appeal, the Ohio Supreme Court reversed the appellate court’s ruling, finding that an enforceable settlement agreement existed,...more

Ninth Circuit Affirms Summary Judgment for Allstate in Bad Faith Claim

Sheppard Mullin Richter & Hampton LLP on 4/27/2023

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

Florida’s Comprehensive Tort Reform – Governor DeSantis Signs H.B. 837 Into Law, Signaling a New Era For Civil Litigation in...

Burr & Forman on 4/6/2023

On March 24, 2023, Florida Governor Ron DeSantis signed H.B. 837 into law. This legislation enacts significant and wide-ranging changes to civil litigation practice in the state, including revamping comparative negligence...more

Florida Tort Reform HB 837 - What Insurers Need to Know

Adams and Reese LLP on 4/4/2023

On March 24, 2023, Florida Governor Ron DeSantis signed HB 837 into law, a wide sweeping tort reform bill that served to overhaul Florida’s litigation landscape. This legislation has a slew of effects on the judicial system...more

Florida Tort Reform Law Brings Significant Changes

Shook, Hardy & Bacon L.L.P. on 4/3/2023

Florida House Bill 837, signed into law on March 24, 2023, implements significant tort reform measures that should interest any company engaging in business in Florida, owning property in Florida or litigating in Florida. The...more

Florida Enacts Transformative Tort Reform Legislation

King & Spalding on 3/31/2023

On Friday, March 24, 2023, Governor Ron DeSantis signed into law House Bill 837, providing an overhaul to tort law in the state of Florida. The new legislation makes transformative changes, including reducing the statute of...more

Fast & Furious Tort Law Changes in Florida: New Negligence Statute of Limitations & Comparative Fault Rule

Cozen O'Connor on 3/31/2023

On March 24, 2023, Florida Governor Ron DeSantis signed into law House Bill 837, “Civil Remedies.” This Act moved quickly through the Florida Legislature process, after having been introduced in February of 2023. The Act is...more

Florida Enacts Major Tort Reform and Bad-Faith Insurance Claim Legislation

Holland & Knight LLP on 3/29/2023

Florida Gov. Ron DeSantis signed a far-reaching tort reform bill, numbered CS/CS/HB 837 (HB 837), into law on March 24, 2023. A rush to the courthouse with negligence lawsuits in advance of its effective date on the same day...more

Florida Passes Tort Reform Bill

White and Williams LLP on 3/29/2023

On Friday, March 24, 2023, Florida’s governor, Ron DeSantis, signed into law a tort reform bill, HB 837. The bill impacts, among other things, bad faith actions and attorney’s fee awards. Of particular importance to...more

Texas Law Update: Statute of Limitations, the Discovery Rule, and Fraudulent Concealment

Freeman Law on 1/19/2023

On January 13, 2023, the Texas Supreme Court issued its opinion in Marcus & Millichap Real Estate Investment Services of Nevada, Inc. v. Triex Texas Holdings, LLC, __ S.W.3d __, 2023 WL __ (Tex. Jan. 13, 2023) (per curiam)...more

Judge Tells FTC That It Can’t Have Its Part III and Eat It, Too

Venable LLP on 2/9/2022

I’ve never really understood the saying “You can’t have your cake and eat it, too,” but I was reminded of it when I read U.S. District Judge Amy Totenberg’s opinion rejecting the FTC’s efforts to stay or voluntarily dismiss...more

Don’t Lead Me On: Georgia Court of Appeals Finds Insurance Company Did Not Mislead Insured and Therefore Did Not Waive Policy’s...

Carlton Fields on 7/28/2020

Insurance policies often contain “limitation-of-action” or suit limitation provisions, which contractually reduce the statute of limitations for an insured to assert a claim against an insurer. Depending on the state, such...more

The LHD/ERISA Advisor - January 2020

Hinshaw & Culbertson LLP on 1/31/2020

SCOTUS Reviews "Blissful Ignorance" as Statute of Limitations Defense - On December 4, 2019, the U.S. Supreme Court heard oral argument in Intel Corp. Inv. Policy Comm. v. Sulyma, 139 S. Ct. 2692 (2019). The question...more

Significant 2019 Tennessee Construction Decisions

Bass, Berry & Sims PLC on 1/15/2020

This Construction Law Alert highlights some of the significant Tennessee state and federal decisions affecting the construction industry from the past year. Holdback Payments Are Not Retainage - Tennessee’s Prompt Pay...more

Delaware Supreme Court Rules Insured’s Claim Too Late, Reverses Bad Faith Judgment

White and Williams LLP on 12/3/2018

In Homeland Insurance Company of New York v. CorVel Corporation, the Delaware Supreme Court addressed whether a bad faith claim accrues under the Louisiana Bad Faith Statute once the insured could plead damages or not until a...more

Latest Federal Court Cases - October 2018

Schwabe, Williamson & Wyatt PC on 10/2/2018

Gust, Inc. v. AlphaCap Ventures, LLC, Appeal No. 2017-2414 (Fed. Cir. Sept. 28, 2018) In an appeal from a district court decision awarding fees pursuant to 28 U.S.C. § 1927, the Federal Circuit reversed. The decision makes...more

Colorado Supreme Court Reaffirms Protection For Insurance Policyholders Under Colorado Law

Sherman & Howard L.L.C. on 5/31/2018

In the last two weeks, the Colorado Supreme Court has issued several important decisions for insurance policyholders—Am. Family Mut. Ins. Co. v. Barriga, No. 15SC934, issued May 29, 2018; Rooftop Restoration, Inc. v. Am....more

Inside the Courts – An Update From Skadden Securities Litigators - November 2017/ Volume 9 / Issue 4

Skadden, Arps, Slate, Meagher & Flom LLP on 11/30/2017

This quarter’s issue includes summaries and associated court opinions of selected cases principally decided between August 2017 and October 2017....more

Appellate Court Notes

Pullman & Comley, LLC on 4/28/2017

Supreme Court Advance Release Opinions: - SC19576 - Briere v. Greater Hartford Orthopedic Group, P.C. - SC19576 Concurrence - Briere v. Greater Hartford Orthopedic Group, P.C. One might argue this decision...more

Supreme Court and Precedential Federal Circuit Patent Cases

Schwabe, Williamson & Wyatt PC on 4/4/2017

In SCA v. First Quality Baby Products, the Supreme Court holds that laches should not be available as a defense in patent cases, refusing to concur with the Circuit’s en banc holding that the Patent Act’s 6-year limitation on...more

Accrual of Statutes of Limitations in TX Bad Faith Claims

Zelle LLP on 1/19/2017

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

Money, Dirt and Steel: Fall 2016 Newsletter

Williams Mullen on 10/12/2016

Statute of Limitations for Encroachment on an Easement - Injury to easement versus removal of encroachment distinguished - In our 2014-2015 Update we reported on the decision issued by the North Carolina Court of...more

Real Property & Title Insurance Update: Weeks Ending September 23 & 30, 2016

Carlton Fields on 10/3/2016

REAL PROPERTY UPDATE - Foreclosure/Hearsay/Business Records: trial court abused its discretion by excluding the mortgage records, which included records from a prior servicer, where plaintiff’s witness demonstrated...more

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Statute of Limitations › Bad Faith

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