Breaking Down Bad Faith: Insurers’ Good Faith Duties and Defending Bad Faith Claims
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The Briefing from the IP Law Blog: Lord of The Rings Author’s Estate Clings to its Precious Trademark, Blocking JRR Token
Butler's Thursday Tips #7 | Civil Remedy Notices
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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
The vast majority of extra-contractual/bad faith cases involve a carrier’s failure to secure a release of an insured by accepting a reasonable settlement opportunity within the policy limits. The absence of a reasonable...more
Is an insured legally entitled to recover the incurred amount of medical expenses or a reasonable amount of medical expenses? This issue often arises in first-party bad faith cases arising from uninsured motorist (“UM”) and...more
The United States Court of Appeals for the Eleventh Circuit recently addressed the issue of whether tendering a policy limits check on a liability policy with an overbroad release could constitute bad faith. In Pelaez v....more
In Florida, an insurer is required to work diligently on the insured’s behalf to avoid an excess judgment, with the “same haste and precision as if it were in the insured’s shoes”. Harvey v. GEICO General Insurance Company,...more
The Eleventh Circuit Court of Appeals recently released two opinions involving multiple liability claims against an insured with insufficient policy limits. Both cases involved appeals from summary judgment orders in bad...more
In a case in which Wiley represented the insurer, the United States District Court for the Eastern District of Virginia, applying New York law, has held that three prior knowledge exclusions barred coverage under an...more
The Holding - In Jimenez v. Progressive Preferred Ins. Co., 2020 WL 2037113 (D. Ariz. Apr. 28, 2020), a putative breach of contract and insurance bad faith class action arising from a MedPay claim, the Arizona District...more
Skinner v. Horace Mann Ins. Co., No. 4:18-CV-00922-RBH, 2019 WL 935243 (D.S.C. Feb. 26, 2019) - Plaintiff Annie Skinner (Skinner) allegedly suffered severe injuries and extensive property damage as a result of a February...more
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
In Century Surety Company v. Dana Andrew (Dec. 13, 2018), the Nevada Supreme Court issued an opinion regarding whether, under Nevada law, the liability of an insurer that has breached its duty to defend, but not acted in bad...more
The U.S. Court of Appeals for the Eleventh Circuit recently closed the book on litigation in which GEICO had been involved since 2010, holding that the granting of a retrial—which resulted in a GEICO victory after an initial...more
Progressive recently settled a bad faith lawsuit with the guardians of a child injured in a car accident driven by a Progressive policyholder, Earl Lloyd. Progressive faced liability for an underlying judgment in excess of...more
Casualty insurers doing business in the state of New York that wish to deny coverage on a claim for death or bodily injury are subject to the timing requirements set forth in New York Insurance Law (NYIL) § 3420(d)(2), which...more
Professionals and practitioners in first party property insurance are likely familiar with the efficient proximate cause rule, which requires an insurance policy to provide coverage where “a covered peril sets in motion a...more
In Madrigal v. Allstate Indemnity Co., Cause No. 16-55830 (9th Cir. June 15, 2017), the Ninth Circuit upheld a jury award assessing $14 million in bad faith damages, even though it was unclear whether the insurer could have...more
In Cadle v. GEICO Ins. Co., Case No. 15-11283 (11th Cir. Sept. 30, 2016), the Eleventh Circuit held that GEICO had not acted in bad faith when it failed to settle a claim after the insured did not provide any evidence of...more
On Friday, September 30, 2016, the Eleventh Circuit Court of Appeal affirmed a renewed motion for judgment as a matter of law that had been granted by the Middle District Court of Florida in a uninsured/underinsured motorist...more
In a recent opinion, Carpenter v. Lovell’s Lounge and Grill, LLC, et al., --- N.E.3d ---, No.33A01-1602-CT-265, 2016 WL 4701673 (Ind. Ct. App., Sept. 8, 2016), the Indiana Court of Appeals addressed — for the first time under...more