Voluntary Payments

News & Analysis as of

Insurance Recovery Law -- October 2014 #2

Court’s Decision Prompts Policyholders to Seek Defense Quickly or Risk Awaiting Conclusion of Coverage Action to See Reimbursement - Why it matters: A policyholder who does not act promptly to seek advancement...more

Pennsylvania Court Recognizes That A Payment Required By Law Is Not A “Voluntary Payment” Requiring The Insurer’s Consent

If you are required by law to perform an act, the act is not “voluntary.” This proposition may seem obvious enough to most, but one insurer recently needed to be reminded of this common sense point by a Pennsylvania federal...more

Insurer’s Liability for Breach of Contract Is Not a Condition Precedent to Insured’s Bad Faith Claim

A Florida appeals court recently held in Cammarata v. State Farm Florida Insurance Co. that an insured is not required to show that its insurer breached the insurance policy before it can bring a claim for bad faith. Although...more

Lennar Corp., et al. v. Markel Am. Ins. Co., No. 11-0394 (Tex. Aug. 23, 2013): Texas Supreme Court Affirms 'All Sums' Allocation...

On August 23, 2013, in Lennar Corp., et al. v. Markel Am. Ins. Co., the Texas Supreme Court issued an opinion that confirms two important aspects of pro-policyholder insurance law, despite insurers’ repeated attempts to...more

7th Circuit Holds Insured’s Voluntary Payments Barred Coverage

In its recent decision in West Bend Mut. Ins. Co. v. Arbor Homes LLC, 2013 U.S. App. LEXIS 428 (7th Cir. Jan. 8, 2013), the United States Court of Appeals for the Seventh Circuit, applying Indiana law, addressed whether an...more

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