News & Analysis as of

Is an Underinsured Motorist Policy Subject to the Automatic Bankruptcy Stay?

Imagine: an employee is injured in a car accident with another driver who is at fault. The employee settles with the at-fault driver for the limits of her liability policy. The employee, whose injuries exceed the at-fault...more

Attorneys’ Fees and Prosecuting Bad Faith/UTPA Cases

Attorneys who litigate common law bad faith and Unfair Trade Practices Act claims are well aware that insureds who substantially prevail in an underlying contract action for insurance proceeds are entitled to an award of...more

New Jersey Court of Appeals: Discovery Related to Bad Faith Claims Should Be Stayed Pending Resolution of Insurance Claims for...

On November 21, 2013, in Procopio v. Government Employees Insurance Company, a/k/a and d/b/a GEICO, Docket No. A23-1-12T2, an intermediate New Jersey appeals court held that in a pending uninsured motorist (UM) or...more

Inadequate Investigation By Insurer Is Insufficient To Support Finding Of Bad Faith

Tenth Circuit Holds That Inadequate Investigation By Insurer Is Insufficient To Support Finding Of Bad Faith Unless A Proper Investigation Would Have Revealed The Claim Should Have Been Paid - In Bannister v. State Farm...more

Pay me once, pay me twice, pay me thrice?

On November 15th the Supreme Court of Appeals of West Virginia issued the opinion of Jeffery Jenkins, et ux. v. City of Elkins, et al. (No. 11-1059). Factually, Mr. Jenkins was an employee of Bombardier Aerospace driving a...more

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