News & Analysis as of

Unfair Claims Settlement Practices Act

Effort to Establish Private Cause of Action in New York Against Insurers for Unfair Settlement Practices Fails to Pass State...

by Wilson Elser on

The New York State Legislature actively considered a bill during the recently completed legislative session that would have amended the New York State Insurance Law regarding unfair claims settlement practices in a way that...more

Nevada Court Holds One-Year Suit Limitation Provision Does Not Bar Bad Faith or UCPA Claims

by Cozen O'Connor on

Property insurance policies commonly contain a suit limitation provision which generally provides that an insured cannot file suit against the insurer unless the action is brought within one or two years of the date of loss. ...more

Dusting Off Arizona’s Unfair Claims Settlement Practices Act & Regulation: Specific Standards for Good Faith Claims Handling

by Jaburg Wilk on

The test for first-party bad faith in Arizona case law is whether, during the “investigation, evaluation, and processing of the claim, the insurer acted unreasonably and either knew or was conscious of the fact that its...more

Weekly Law Resume - October 2013: Insurance Coverage – Bad Faith - Unfair Claim Act Cause of Action

by Low, Ball & Lynch on

Mt. Vernon Fire Ins. Corp. v. Oxnard Hospitality Enterprise, Inc., et al. - Court of Appeal, Second District (September 16, 2013) - Commercial liability policies for entertainment businesses often contain an...more

Superstorm Sandy Is Causing New York and New Jersey Legislators to Reconsider Passing Legislation that Would Establish a Private...

by Cozen O'Connor on

Policyholders in New York and New Jersey presently have no private right of action against insurance companies for alleged violations of each state’s respective statutory claim handling guidelines – New York’s Unfair Claim...more

Judge Invalidates California Regulation on Estimating Replacement Costs for Homeowners Insurance

by Hinshaw & Culbertson LLP on

On March 25, 2013, Los Angeles Superior Court Judge Gregory Alarcon issued a decision which found the California Department of Insurance’s regulation on estimating replacement costs for homeowners insurance to be invalid. The...more

Courts Continue to Split on Whether Defense Obligation Is a First Party Benefit Under Colorado Law, but Agree Duty to Defend Is a...

by Cozen O'Connor on

In D.R. Horton, Inc.—Denver v. Mountain States Mutual Casualty Co., No. 12-cv-01080 (February 25, 2013), another U.S. District Court judge for the District of Colorado determined a liability insured seeking defense costs from...more

Finding Bad Faith in Kentucky Requires Evidence of Outrageous Conduct By Insurer

by Cozen O'Connor on

In its recent decision in Powell v. Cherokee Insurance Company, Case No.: 5:09-CV-00205, the U.S. District Court for the Western District of Kentucky reaffirmed that in a third-party bad faith lawsuit alleging failure to...more

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