News & Analysis as of

Bad Faith

Arizona Insurers Beware of "Pay-and-Chase"--Arizona Supreme Court Rejects Expansion of Equitable Indemnification

by Jaburg Wilk on

The Holding - In Knightbrook Insurance Company v. Payless Car Rental System Incorporated, 2018 WL 769295 (Ariz. February 8, 2018), an insurance bad faith and equitable indemnification case arising from an auto claim, the...more

Reinsurer Prevails In Dismissing Breach Of Contract, Bad Faith Claims Asserted By Underlying Policyholder

by Carlton Fields on

A federal district court in Pennsylvania recently dismissed all claims asserted by an insured against a reinsurer in a coverage dispute over an explosion at plaintiff Three Rivers Hydroponics (“Three Rivers”)’s commercial...more

Dot The I’s And Cross The T’s: The Importance Of Clarity In Claim Communications And The Availability Of Punitive Damages For An...

by Carlton Fields on

The Georgia Court of Appeals recently made waves in Hughes v. First Acceptance Insurance Company of Georgia, Inc., 343 Ga. App. 693 (2017). First, it aggrandized the role of a jury in determining the existence of an offer to...more

Northern District of Illinois Denies Summary Judgment for Insurer on Bad Faith Claim Where Disputed Facts Exist as to Insurer’s...

Following a fatal vehicle accident in 2008, a group of plaintiffs brought suit against Venture One, Inc., the owner of a truck involved in the accident. After several unsuccessful attempts to settle the matter with Venture...more

Civil Liability of Arbitrators in the UAE – An Update

by White & Case LLP on

The Dubai Court of Cassation in its recent decision in Case 484/2017 has set a new threshold for establishing the liability of arbitrators in civil matters, thereby providing some much needed clarity on this important issue....more

Western District of Oklahoma Denies Summary Judgement for Insurer on Bad Faith Claim Where Disputed Facts Exist as to Insured's...

Plaintiff Charles A. Shadid, L.L.C. had a commercial insurance policy with Defendant Aspen Specialty Insurance Company insuring multiple commercial properties. Shadid alleges that in May of 2013, a tornado damaged several of...more

Federal District Courts in Maryland and Pennsylvania Address Pleading Standards in Bad Faith Claims

Poorly Drafted Bad Faith Claim Survives 12(b)(6) Motion in District of Maryland - In Barry v. Nationwide Mut. Ins. Co., 2018 WL 724068 (D. Md. 2018), husband and wife Plaintiffs sued their uninsured motorist (“UIM”)...more

Arizona Jury Awards Over $6 Million Against Insurer in Bad Faith Case

by Jaburg Wilk on

The Award - In McClure v. CC Services Inc. & Country Life Insurance Company dba Country Life Financial, an Arizona insurance bad faith case arising from a disability claim, a jury awarded $1.29 million in compensatory...more

Top Developments – February 2017

by White and Williams LLP on

JP Energy Marketing, LLC v. Commerce & Industry Insurance Company, et al., No. 115285, 2018 Okla. LEXIS 11 (Okla. Feb. 5, 2018) - Oklahoma Supreme Court in a case of first impression authorizes an award of appeal-related...more

Complex Insurance Coverage Reporter – February 2018

by White and Williams LLP on

An Insurer’s Guide to Reserving Rights: Tips for Avoiding Waiver and Estoppel - Insurers know all too well that the penalties for an ineffective reservation of rights letter can be severe...more

Mushrooming Claims: Recognizing When Simple Claims Threaten to Expand Beyond What is Expected

by Pessin Katz Law, P.A. on

Introduction - In the not too distant past, claims and claims handling were generally predictable. There was an incident causing damage, then a demand, and a dispute largely about the amount that would be paid. More...more

Europe – General Court: Bad faith’s link to likelihood of confusion

by Hogan Lovells on

(Case analysis: T-687/16 – Koton Magazacilik Tekstil Sanayi ve Ticaret AS v EUIPO / Joaquín Nadal Esteban) - Successfully proving bad faith in a cancellation action can be a challenge....more

In Alabama, An Insurer’s Refusal To Honor $220,000 Scriveners Error Does Not Amount To Bad Faith

In anticipation of his mother’s death, a son called Metropolitan Life Insurance Company (MetLife) to request a copy of his mother’s life insurance policy, which he knew existed, but had never seen. A MetLife representative...more

Not Every Refusal to Provide Coverage Equals Bad Faith

by Nexsen Pruet, PLLC on

A complicated and interesting factual history, along with a number of actions, including an earlier one for declaratory judgment, resulted in a thoughtful and reasoned opinion of the United States District Court for South...more

Insurance Bad Faith Claims in the Age of AI Jim

by Zelle LLP on

On the evening of Dec. 23, 2016, at seven seconds after 5:49 p.m., the holder of a renter’s policy issued by upstart insurance company Lemonade tapped “submit” on the company’s smartphone app. Just three seconds later, he...more

2017 eDiscovery Case Law Review

by Epiq on

Electronic discovery cases that made headlines in 2017 featured well-known names such as Taylor Swift and Lynyrd Skynyrd, and reached all the way to the U.S. Supreme Court. As the year draws to a close, it’s a good time to...more

Butler Wins Dismissal of a First-Party Bad-Faith Claim Involving a Civil Remedy Notice That Listed a Different Household Policy

In Florida, an insured cannot bring a first-party bad faith claim based on a claim for UM coverage unless the insured first files a Civil Remedy Notice (CRN) with the Florida Department of Financial Services. In Mathurin v....more

Middle District of Florida Denies Motion to Dismiss Statutory Bad Faith Claim Pending Resolution of Coverage Issues

In October 2012, James Lee fell and injured his back when the Real Space Pro 9000 Quantum Chair he was sitting on broke. Mr. Lee filed suit against Raynor Marketing, LTD. and Office Depot. Raynor sold the chair to Office...more

Violating a Retention Policy Is Not Necessarily Bad Faith Spoliation

by Zapproved LLC on

Eaton-Stephens v. Grapevine Colleyville Indep. Sch. Dist., No. 16-11611, 2017 U.S. App. LEXIS 22704 (5th Cir. Nov. 13, 2017). In this appeal of a workplace discrimination case, the court held that a school district’s...more

Arizona District Court Rejects Discovery of Medical Expert's Previous Reports in Bad Faith Case

by Jaburg Wilk on

The Holding - In Cheatwood v. Christian Brothers Services, 2018 WL 287389 (D. Ariz. Jan. 4, 2018) (Unpublished) (Order), a bad faith case arising from a health benefits claim, the Arizona District Court quashed portions of...more

Western District of Washington Looks to When Claim for Coverage Was First Denied in Dismissing Bad Faith Claim As Untimely

Plaintiff Mary Coppinger was injured in 2010 when her vehicle was rear-ended by Daniel Klein. Both Ms. Coppinger and Mr. Klein were insured through Defendant Allstate. Mr. Klein had a $50,000 policy limit; Ms. Coppinger had...more

Un-Vacated: Arbitration Awards Get Whiplash

Two cases recently fit in one of my favorite categories: those awards that get “un-vacated.” These cases went through arbitration, had that arbitration award vacated by a district court, only to have the award later...more

Evidence of an Insurer’s Post-filing-of-litigation Conduct is Admissible in Iowa and Can Be Probative of Bad Faith

After a 2011 tornado damaged two buildings on its premises in Iowa, B&F Jacobson Lumber & Hardware, L.L.P. (“B&F”) submitted a property damage claim to its insurer, Acuity, A Mutual Insurance Company (“Acuity”). In response...more

Insurer’s Attempt To Shield Documents From Discovery Through Assertion Of The Mediation Privilege And A Relevancy Objection Is...

by Carlton Fields on

In a breach of contract and bad faith case emanating from an insurer’s refusal to settle an underlying case within policy limits, the insurer was unsuccessful in its attempt to protect documents from discovery by assertion of...more

Top 10 New York Commercial Division Cases and Developments of 2017

In 2017, the New York Commercial Division continued to implement new rules and refine existing rules in order to streamline litigation in the court. The year also saw some key decisions by the Commercial Division as well as...more

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