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Texas Appellate Court Confirms that Insurer’s Payment of Appraisal Award Precludes Common Law and Statutory Bad Faith Claims

Ortiz v. State Farm Lloyds, No. 04-17-00252-CV, 2017 WL 5162315 (Tex. Ct. App. Nov. 8, 2017). Oscar Ortiz submitted a claim to State Farm for damage to his property resulting from wind and a hailstorm. After inspecting the...more

Ninth Circuit Reverses Insured’s Summary Judgment Win Concluding that Insurer’s Negligence is Insufficient to Breach Implied Duty...

McDaniel v. Govt. Empls. Ins. Co., No. 14-17203, 2017 WL 892516 (9th Cir. Mar. 7, 2017) - On cross-motions for summary judgment, the District Court for the Eastern District of California ruled in favor of Amy McDaniel,...more

Bad Faith Sentinel - September 2015

Kennedy v. Allstate, No. 15-2221 (E.D. Pa. July 8, 2015). District Court recognizes possibility that insurance adjusters owe a duty of care to insureds that would be breached by failing to conduct a reasonable...more

Bad Faith Sentinel - July 2015

Eighth Circuit: No Bad Faith Where Insured Failed to Make a Sufficient Demand and Insurer Refused to Entertain Settlement Offer Prior to Completing Investigation - Purscell v. Tico Ins. Co., No. 13-2362, 2015 WL 3855253...more

Bad Faith Sentinel - April 2015

In This Issue: - En Banc Mississippi Court of Appeals Affirms Summary Judgment for Insurer, Adjuster and Employer on Bad Faith Claims Arising from Denial of Coverage and Benefits for Work-Related Injury -...more

Bad Faith Sentinel - March 2015

In This Issue: - District of Colorado Sinks Insurer’s Motion for Summary Judgment on Bad Faith Claim Where Insurer Allegedly Failed To Timely Investigate Available Coverage for Boating Accident - Eastern...more

Bad Faith Sentinel - February 2015

In This Issue: - Western District of Washington: Insured That Violated Duties of Notice and Cooperation Could Not Make Out Claim for Bad Faith Based on Insurer’s Lengthy Investigation - Western District of...more

Bad Faith Sentinel - November 2014

In This Issue: - Southern District of California Denies Motion to Dismiss Bad Faith Claim in Homeowners Policy Dispute - Northern District of Indiana: No Bad Faith Where Insurer Has a Rational Basis for its...more

Bad Faith Sentinel - August 2014

In This Issue: - Northern District of Texas Dismisses Bad Faith Claims in Well-Control Policy Dispute - District of South Dakota: Denying a Claim for Reasons Known to be False is Not a Reasonable Basis to Deny...more

Bad Faith Sentinel - June 2014

In This Issue: - Court of Appeals of the State of Washington: Bad Faith Damages May Exceed the Amount of a Reasonable Covenant - Southern District of Mississippi: Insurer Providing Coverage Opinion to Insured...more

Bad Faith Sentinel - May 2014

In This Issue: - Northern District of New York: Primary Insurer That Waited Nine Years to Tender Policy Limits to Injured Plaintiff Was Liable to Excess Carrier for Bad Faith - Middle District of Pennsylvania:...more

Bad Faith Sentinel - April 2014

In This Issue: - Third Circuit Seeks Guidance from Pennsylvania Supreme Court Regarding Whether Insured Tortfeasor May Assign Bad Faith Claim to Injured Third Party - District of Colorado: Insurer Entitled To...more

Bad Faith Sentinel - March 2014

CONTENTS - United States Court of Appeals for the Fourth Circuit: An Absence of Ascertainable Damages Does Not Preclude an Award of Punitive Damages for Bad Faith pages 1 - 2 - Northern District of Alabama: Insurer...more

Bad Faith Sentinel - February 2014

In This Issue: - Indiana Bad Faith Ruling is Reminder that Resolution of Breach of Contract Claims in Favor of Insurer Does Not Necessarily Require Disposal of Tort-Based Bad Faith Claims - Fifth Circuit Court...more

Bad Faith Sentinel - October 2013

In This Issue: - Wisconsin Court of Appeals: Insurer Does Not Commit Bad Faith by Refusing to Pay the Undisputed Portion of an Insured’s Claim Where the Policy Does Not Require Payment - Southern District of...more

Bad Faith Sentinel - August 2013

In This Issue: - Eastern District of Pennsylvania: Insurer’s “Paid When Incurred” Practice is Not Bad Faith or a Violation of Pennsylvania’s Unfair Trade Practices and Consumer Protection Law - California Court...more

Bad Faith Sentinel - July 2013

CONTENTS - Northern District of Texas: No Bad Faith for Denying Property Damage Claim Due to Insured’s Failure to Allow Insurer More Than a Day’s Time for Inspection Prior to Insured’s Remediation - District of...more

Bad Faith Sentinel - April 2013

In This Issue: - Western District Of Washington: Denial of a Defense Where Additional-Insured Status Was Arguable, and Doing So in Reliance on Extrinsic Evidence, Were Both Acts of Bad Faith - New York Court...more

Bad Faith Sentinel - March 2013

In This Issue: - Southern District Of Ohio: Insurer Does Not Commit Bad Faith By Voiding Policy Due To Insured’s Failure To Promptly And Fully Cooperate With Insurer’s Fire Investigation - Pennsylvania Court...more

Bad Faith Sentinel - February 2013

In This Issue: CONTENTS - Southern District Of California: Excess Insurer Liable For Bad Faith For Two Month Delay In Responding To Insured’s Demand To Either Pay Negotiated Settlement Or To Take Over Insured’s...more

Bad Faith Sentinel - December 2012

In This Issue: - Florida Court Holds That Insurer’s Claim File, Including Log Notes And Internal Emails, Is Protected By Work Product Protection pages 1 - 2 - Southern District Of Mississippi: Insurer Has Right to...more

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