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The Friday Five: Five ERISA Litigation Highlights - September 2023

This month’s Friday Five explores decisions regarding the timeliness of appeals, the support necessary to sustain an LTD termination decision, a court’s discretion to credit and discredit expert opinions, the circumstances...more

The Friday Five: Five Current ERISA Litigation Highlights - December 2021

This month’s Friday Five discusses cases that focus on what information properly constitutes the administrative record before the court on which a decision must be based. One case explores the ERISA Records Rule which limits...more

Pennsylvania Supreme Court Split Ends 24-Year Insurance Bad Faith Battle

On August 25, 2020, the Pennsylvania Supreme Court split 3-3, with one Justice recused, on an appeal from a trial court’s insurance bad faith decision imposing $18 million in punitive damages and $3 million in attorney’s fees...more

Federal Court Shuts Down Bad Faith Plaintiff’s Attempt At Forum Shopping

An insurer successfully defeated a plaintiff’s attempt to keep a bad faith action in state court by “manipulating” federal diversity jurisdiction by naming an individual claims adjuster as a defendant....more

Georgia Supreme Court Limits Insurers’ Potential Bad Faith Exposure Related to Settlement Discussions

Rejecting insurance bad faith claims based on an insurer’s handling of settlement discussions, the Georgia Supreme Court has ruled that "an insurer’s duty to settle arises only when the injured party presents a valid offer to...more

N.D. of Mississippi: Insured’s Claim that Insurer Acted in Bad Faith by Failing to Disclose its Practice of Depreciating Labor...

Mitchell v. State Farm Fire and Casualty Company, No. 3:17cv00170-M, 2018 WL 4572664 (N.D. Miss. Sept. 24, 2018) - Lorine Mitchell submitted a claim to State Farm for damage to her property from a storm. Under the terms of...more

Pennsylvania Appellate Court Throws Out $21 Million Insurance Bad Faith Decision, Directs Verdict in Favor of Insurer

The Pennsylvania Superior Court recently held that a trial court’s decision to impose $18 million in punitive damages and $3 million in attorneys’ fees for violations of Pennsylvania’s Insurance Bad Faith Statute, 42 Pa....more

Federal Judge Rejects Insurer’s Effort to Add Materials To Claims File on Eve of Trial

A federal judge in Arizona refused an insurer’s effort eight days before trial to supplement the underlying claim file in a bad faith litigation. The insurer sought to add approximately 60 pages of documents from the...more

Who’s Acting In Bad Faith Now? Federal Court Slams Policyholder’s Counsel on Fee Petition

Plaintiff Bernie Clemens was injured in a motor vehicle accident in August 2009. Clemens’ attorney helped him recover $25,000 in a supplementary underinsured motorist (SUM) claim, and then sued Clemens’ insurer under...more

New Bad Faith Guidance in Texas

The Texas Supreme Court has announced five rules which the Court believes will “provide clarity regarding the relationship between claims for an insurance policy breach and Insurance Code violations.” USAA Texas Lloyds Co. v....more

Pennsylvania Supreme Court to Determine if “Motive of Self-Interest or Ill-Will” is Required to Establish a Claim for Insurance...

In Pennsylvania, an insurance bad faith claim requires an insured to show by clear and convincing evidence that the insurer 1) lacked a reasonable basis for denying benefits under the policy, and 2) knew or recklessly...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

Court Rules That Insured Claims Against an Insurer’s Adjuster May Be Possible

A federal district judge has ruled that Pennsylvania law may permit an insured to sue an insurer’s employee-adjusters for negligence and violations of Pennsylvania’s Unfair Trade Practices and Consumer Protection Law...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

When "Fairly Debatable" Is Good Enough: New Jersey Supreme Court Affirms "Fairly Debatable" Standard for Insurance Bad Faith...

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

Bad Faith Sentinel - January 2015

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

Assign Away: Pennsylvania Supreme Court Says Bad Faith Claims May be Assigned

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

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 - September 2014

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

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 - 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

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