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
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
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
Two decisions from the New Jersey Supreme Court have affirmed that there can be no liability for bad faith in cases where an insurer’s actions in denying a claim are deemed "fairly debatable." While these decisions show a...more
In This Issue:
- District of South Carolina: No Support For Award of Punitive Damages Where Insured Failed To Prove Recklessness by Insurer
- Supreme Court of Missouri Reverses Grant of Summary Judgment for...more
The Pennsylvania Commonwealth Court ruled on January 7, 2015 that the Supreme Court’s interpretation of the Environmental Rights Amendment in Robinson Township, which was backed by only three justices, is nonbinding. The...more
In This Issue:
- Court of Appeals of Michigan: Trial Court’s Incorrect Instruction on the Definition of Bad Faith Did Not Require Reversal
- District of Colorado: Insureds Have No Obligation To Hire Public...more
On December 15, 2014, in the case of Allstate Prop. & Cas. Ins. Co. v. Wolfe, No. 39 MAP 2014, slip op. at 1 (Pa. Dec. 15, 2014), the Pennsylvania Supreme Court ruled that an insured may assign a statutory bad faith claim...more
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
In This Issue:
- Florida District Court of Appeal: A Prematurely Filed Bad Faith Claim Does Not Compel Dismissal
- Florida District Court of Appeal: Insurer’s Liability For Breach Of Contract Need Not Be...more
In This Issue:
- Southern District of New York: It is Unlawful for an Insurer to Withhold Payment When Some Portion on an Insured’s Entitlement is Undisputed
- Eastern District of Pennsylvania: State Farm...more
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
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
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
On May 9, 2014, the Pennsylvania Superior Court reinvigorated a practice in Pennsylvania known as “title washing,” which has gained importance in recent years due to the development of the Marcellus Shale. Herder Spring...more
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
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
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
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
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
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
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
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
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
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