Bad Faith Sentinel - February 2013

In This Issue:


- 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 Defense........... pages 1 - 2

- Western District of Oklahoma: Bad Faith Claim Cannot be Brought Against Holding Company with No Ties to State, Unless It Has Pervasive Control Over Subsidiary’s Actions as an Insurer page 3 Middle District of Pennsylvania: Allegations Sufficient to Maintain Bad Faith Claim Against Holding Company......... pages 3 - 4

- Nevada Court Holds That Insurers Must Produce Claims, Investigation And Underwriting Files In Response To Discovery Requests Despite Limited Relevance To Breach Of Contract Claim............. pages 4 - 5

- Excerpt from "Southern District Of California":

Beginning in 2007, LMA North America, Inc. (“LMA”) and its competitor, Ambu A/S (“Ambu”), engaged in contentious litigation in which LMA initiated a lawsuit alleging patent infringement and Ambu asserted counterclaims against LMA for alleged false and disparaging advertising, with alleged damages of up to $30 million. Ambu’s counterclaims were covered claims under LMA’s primary and excess insurance polices with CNA (primary) and National Union Fire Insurance Company of Pittsburgh (“National Union”). CNA’s primary policy had limits of $1 million and National Union’s policy had excess limits of $14 million.

Please see full newsletter for more information.

LOADING PDF: If there are any problems, click here to download the file.

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

© Saul Ewing Arnstein & Lehr LLP | Attorney Advertising

Written by:

Saul Ewing Arnstein & Lehr LLP

Saul Ewing Arnstein & Lehr LLP on:

Reporters on Deadline

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
Custom Email Digest
- hide
- hide

This website uses cookies to improve user experience, track anonymous site usage, store authorization tokens and permit sharing on social media networks. By continuing to browse this website you accept the use of cookies. Click here to read more about how we use cookies.