455 Companies, LLC alleges that Landmark American Insurance Company breached their property insurance contract by denying a claim resulting from water damage to 455 Companies’ property. Landmark moved for partial summary...more
MacKinney was involved in a motor vehicle accident and sought underinsured motorist coverage from Allstate. Allstate insured MacKinney’s vehicle under three policies. The total UIM coverage under the policies was $150,000,...more
Mittman v. Nationwide Affinity Insurance Co., No. 16-04658 (E.D. Pa. Apr. 10, 2017) -
Jeremy Mittman’s car was rear-ended in a hit-and-run incident and both Mittman and his son sustained significant injuries. Mittman...more
United States Court of Appeals for the Sixth Circuit rules that insurer’s offer to settle claims for policy limit in exchange for release and indemnification of insured strikes proper balance between competing duties of good...more
United States Court of Appeals for the Third Circuit affirms District Court’s ruling that company’s liability insurer does not owe a duty to settle to former employee in action against company.
Steven LeBoon was...more
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
9/21/2015
/ Allstate ,
Appeals ,
Arbitration ,
Bad Faith ,
Car Accident ,
Chapter 11 ,
Commercial Bankruptcy ,
Denial of Insurance Coverage ,
Duty of Care ,
E&O Policies ,
Insurance Industry ,
Motorcycle Accidents ,
Negligence ,
PA Supreme Court ,
Punitive Damages ,
Summary Judgment ,
Travelers Property Casualty Co. ,
Unfair or Deceptive Trade Practices
P&S LLC v. Nat’l Union Fire Ins. Co. of Pittsburgh, Pa., No. 14-cv-00735-LTB-CBS (D. Colo. July 29, 2015).
District of Colorado grants summary judgment for insurer on bad faith claim where insurer established that an...more
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
8/13/2015
/ Allstate ,
Bad Faith ,
Breach of Contract ,
Car Accident ,
Claim Denial Letters ,
DUI ,
Insurance Industry ,
PA Supreme Court ,
Punitive Damages ,
State Farm ,
Wrongful Death
Chapman v. Coca-Cola Bottling Co., No. 2013-CA-01883-COA (Miss. Ct. App. Mar. 17, 2015).
Ruling en banc, court affirms grant of summary judgment for insurer, adjuster and employer on bad faith claims brought by former...more
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
Progressive Casualty Ins. Co. v. Vigil, No. 32,171 (N.M. Ct. App. Jan. 21, 2015).
Court of Appeals of New Mexico rules that district court abused its discretion in excluding evidence of previous coverage ruling in...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
Scottsdale Ins. Co. v. Addison Ins. Co., No. SC 93792 (Mo. Dec. 9, 2014).
Supreme Court of Missouri rules in an en banc decision that neither an excess judgment nor a failure to pay policy limits are essential elements...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
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
Stanford v. National Grange Ins. Co., Civil Action No. 11-7144 (E.D. Pa. Nov. 3, 2014).
Eastern District of Pennsylvania grants insurer’s motion for summary judgment on bad faith claim in dispute over payment of...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
Eastman v. Allstate Ins. Co., No. 14cv0703, 2014 WL 5355036 (S.D. Cal. Oct. 20, 2014) -
Southern District of California denies motion to dismiss bad faith claim in connection with coverage dispute under homeowners...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
White v. Metro. Direct Prop. and Cas. Ins. Co., Civ. A. No. 13-434 (E.D. Pa. July 29, 2014) -
Eastern District of Pennsylvania enters summary judgment for the insurer on statutory bad faith claim in coverage dispute...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
Eagle Oil & Gas Co. v. Travelers Prop. Cas. Co. of Am., No. 7:12-cv-00133-O (N.D. Tex. Jul. 14, 2014) -
Northern District of Texas dismisses bad faith claims against insurer and adjuster in dispute over coverage for...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