News & Analysis as of

Bad Faith

Awatif Mohammad Shoqi Advocates & Legal...

Insurance Considerations for Insurers and Businesses Following Heavy UAE Rainfall

In light of the recent heavy rainfall in the UAE, both insurers and businesses must understand the legal framework outlined in Federal Law No. 5/1985 on Civil Transactions Law or Civil Code. This law provides comprehensive...more

DLA Piper

Delaware District Court Sheds Light on Standards for Dismissal of Chapter 11 Case Based on Bad Faith

DLA Piper on

On August 28, 2024, Judge Gregory B. Williams of the US District Court for the District of Delaware issued a ruling in AIG Financial Products Corporation, Civ. No. 23-573, affirming an order on appeal from the Delaware...more

Cole Schotz

A Good Neighbor: Obligations of the Neighboring Property Owner to a Development Site in NYC

Cole Schotz on

Simply owning property in New York City likely means that, at some point – more than once – a neighbor will need to access your property to protect it during development or maintenance work taking place at its adjacent...more

Sullivan & Worcester

Federal Appeals Court Strikes Another Blow to Chabad Cultural Property Claims Against Russia

Sullivan & Worcester on

The U.S. Court of Appeals for the D.C. Circuit recently dismissed a long-running dispute against Russia concerning the library of the Lubavitcher Rebbe (the Library), a collection of books and papers once held by the...more

Patterson Belknap Webb & Tyler LLP

Eighth Circuit Issues Decision on Involuntary Bankruptcy Case and Damages Arising from a Bad Faith Filing

An appeals court has issued an insightful decision on the availability of damages when an involuntary bankruptcy petition is filed in bad faith. See Stursberg v. Morrison Sund PLLC, No. 23-1186, 2024 U.S. App. LEXIS 20286...more

Cozen O'Connor

Does an Optional Release Constitute Bad Faith?

Cozen O'Connor on

In Brodowy v. Progressive Direct Ins. Co., the Ninth Circuit affirms the district court’s granting of Progressive Direct Insurance Company’s (“Progressive”) motion for summary judgment as to claims alleging bad faith and...more

Marshall Dennehey

Without a Judicial Determination That the Insurer Acted in Bad Faith, It Was Reversible Error for the Trial Court to Enter a Final...

Marshall Dennehey on

State Farm Mutual Automobile Insurance Company v. Finson, Apr. 17, 2024, 2nd DCA - This appeal followed a trial for underinsured motorist (UM) benefits in which the judge entered a final verdict in the amount of...more

Littler

Ontario, Canada Appeal Court Finds Aggravated Damages Award Can Be Made Without Medical Evidence of Diagnosable Psychological...

Littler on

The Court of Appeal for Ontario (OCA) recently held that an employee may be awarded aggravated damages for an employer’s bad-faith conduct during the employee’s dismissal even in the absence of medical evidence identifying a...more

Nutter McClennen & Fish LLP

Significant Changes to Statutory Process for Zoning Appeals: What You Need to Know About the 2024 Massachusetts Affordable Housing...

The Massachusetts Affordable Homes Act (H. 4977), signed into law on August 6, 2024, makes several significant changes to the statutory provisions governing appeals from zoning decisions under G.L. c. 40A, § 17. Where...more

Sands Anderson PC

Virginia’s New Bad Faith Law: What Insurers Need to Know

Sands Anderson PC on

On July 1, 2024, new Virginia Code § 8.01-66.1 became effective and created a new bad faith cause of action that can be significant for underinsured or uninsured (“UIM”) carriers....more

Wiley Rein LLP

Capacity Exclusion Bars Coverage for Settlement Involving Director’s Self-Dealing While Acting in Dual Capacity as Shareholder and...

Wiley Rein LLP on

A New Jersey appellate court, applying New Jersey law, has held that the capacity exclusion in a directors and officers policy precluded coverage for a settlement of lawsuits alleging that an insured director defrauded a...more

DRI

The Jenga Effect: Avoiding Traps in Policy Limit Demands & Balancing Liability Excess Insurance Towers

DRI on

In the intricate landscape of catastrophic trucking cases and the interplay of multiple layers of liability insurance can resemble a precarious game of Jenga. Each move carries the potential to destabilize the structure,...more

Goldberg Segalla

[Webinar] How to Handle Multiple Claimants and Insureds with Insufficient Policy Limits - July 31st, 12:00 pm - 1:00 pm EDT

Goldberg Segalla on

Questions arise when an insurer is faced with multiple claimants and insufficient policy limits to settle all claims. Join partners Colleen E. Hayes and Thomas M. Wester for a discussion of the approaches various...more

Sullivan & Worcester

Clarifying the Availability of Zoning Appeal Bonds in Boston

Sullivan & Worcester on

On July 20, 2024, the Massachusetts Supreme Judicial Court (“SJC”) decided Shoucair v. Board of Appeal of Boston, 494 Mass. 319 (2024), which clarified the standard for imposing a bond on a party who appeals the grant of...more

DRI

Young Lawyers: Raising the Bar - Preventing and Defending Bad Faith Lawsuits

DRI on

Bad Faith in Context - Bad faith most commonly arises in one of three different contexts: (1) in a claim that an insured brings against its own insurer; (2) in a claim that a third-party makes against a policyholder that...more

Akerman LLP

Abracadabra – How a Stalking Bill Magically Turned into Revisions to a Georgia Settlement Statute

Akerman LLP on

In Georgia’s recent Legislative Session, Senate Bill 83 started off addressing the eligibility for restraining orders related to stalking, but there must have been some magic pixie dust floating around the House Committee...more

Pierce Atwood LLP

Breaking: Mass. high court confirms that in Boston, zoning appeal bond can be required without finding of bad faith or malice

Pierce Atwood LLP on

In its decision this morning in Shoucair v. Board of Appeal of Boston, the Supreme Judicial Court (SJC) held that in court appeals under § 11 of the Boston Zoning Enabling Act (Section 11), the trial judge can require the...more

Cozen O'Connor

A New Era for Extra-Contractual Damages in Oregon - What We Know and What We Are Learning Six Months Since Moody

Cozen O'Connor on

The start of 2024 marked the end of an insurance era in Oregon. On December 29, 2023—the last Friday before the new year—the Oregon Supreme Court issued its much-anticipated decision in Moody v. Oregon Community Credit Union,...more

Seyfarth Shaw LLP

Third Circuit Holds that Judge, Not Jury, May Determine “Bad Faith” for Purposes of Fee Shifting Under DTSA and PUTSA

Seyfarth Shaw LLP on

Both the federal Defend Trade Secrets Act of 2016 (“DTSA”) and Pennsylvania Uniform Trade Secrets Act (“PUTSA”) provide that a defendant may recover its attorneys’ fees if it demonstrates that a claim for misappropriation of...more

Rivkin Radler LLP

New York Insurance Coverage Law Update - June 2024

Rivkin Radler LLP on

The parent of an infant sued Kim Eichle for Eichle’s alleged negligence in serving alcohol to her houseguest, Jacob Russo, who allegedly assaulted the infant, and for negligence in failing to keep the sidewalk at her...more

ArentFox Schiff

Federal District Court Declines to Award ‘Bad Faith’ Fees for Party’s Failure to Sufficiently Identify Trade Secrets in Federal...

ArentFox Schiff on

Earlier this year, a federal district court judge in the Western District of North Carolina declined to award “bad faith” attorney’s fees under the Defend Trade Secrets Act (DTSA). See Design Gaps, Inc. v. Hall, No....more

Steptoe & Johnson PLLC

Fourth Circuit Reaffirms Necessary Prerequisites for Claiming Hayseeds Damages and Offers Guidance on Admissibility of Experts

Steptoe & Johnson PLLC on

On June 5, the United States Circuit Court of Appeals for the Fourth Circuit issued an unpublished opinion that provides a blueprint to insurance companies for handling bad faith claims. The Fourth Circuit held in Sellman v....more

Charles E. Rounds, Jr. - Suffolk University...

Trustee in breach of trust conveys trust property to a third party: Is the transferee a necessary party to an action for breach...

If the trustee in breach of trust conveys the trust property to a third party to the trust relationship, would the transferee be a necessary party to any action for breach of trust that the trust beneficiaries might bring?...more

Faegre Drinker Biddle & Reath LLP

Court Sides with Long-Term Care Insurer Over Claim Denial and Potential Fraud

A judge from the District of Colorado recently issued an opinion that might leave the door open for long-term care insurers to void policies after the contestability period expires if an insured commits fraud. See Meyer v....more

Seyfarth Shaw LLP

When Lawful Proposals Become Unlawful Bargaining Conduct: The Board Holds An Employer’s Adherence to Lawful Proposals Nonetheless...

Seyfarth Shaw LLP on

Seyfarth Synopsis: Reversing a Trump Board case, the Biden Board recently found that an employer engaged in bad-faith bargaining based on adhering to its bargaining proposals—despite (1) the employer engaging in no unlawful...more

1,147 Results
 / 
View per page
Page: of 46

"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.
- hide
- hide