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Bad Faith Breach of Contract Insurance Industry

DRI

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

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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

Cozen O'Connor

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

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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

Rivkin Radler LLP

New York Insurance Coverage Law Update - June 2024

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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

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

Adams and Reese LLP

The Allegation Abbreviation: Louisiana Supreme Court Expedites Bad Faith Insurance Litigation

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In a recent unanimous decision in Wilson v. Louisiana Citizens Property Insurance Corporation, the Louisiana Supreme Court held that bad faith claims against insurance companies are subject to a two-year prescriptive period...more

Wiley Rein LLP

California Court Asserts Insurer Bad Faith

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The United States District Court for the Southern District of California, applying California law, has held that a professional liability insurer acted in bad faith by unreasonably maintaining its position that its policy did...more

Kohrman Jackson & Krantz LLP

Cyberattacks as Acts of War: Insurance Companies Forced to Rethink Their Policies

The rise of cyberattacks has led to a significant increase in the demand for cyber insurance policies. However, the insurance industry is struggling to keep pace with the ever-evolving threat landscape, which has resulted in...more

Marshall Dennehey

Insurers’ Actions as Legal Adversary Cannot Be the Basis for Bad Faith Claims

Marshall Dennehey on

In Gordon v. LM General Insurance Company, 2:23-cv-00479-MAK, 2023 WL 2975869 (E.D. Pa. April 17, 2023), the plaintiffs had originally filed a lawsuit against LM General Insurance Company, asserting a cause of action for...more

Wiley Rein LLP

Federal Court Upholds Removal Based on Fraudulent Joinder of Non-Insurer Defendants

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In a win for Wiley’s client, a federal district court applying California and federal law denied an insured’s motion to remand coverage litigation back to state court, holding that non-insurer defendants cannot be held liable...more

King & Spalding

Southern District of Ohio Finds Bank’s Settlement of Fraudulent Transfer Claim Uninsurable

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On December 16, 2022, the U.S. District Court for the Southern District of Ohio held that a settlement of a fraudulent transfer suit was not covered under the settling defendant’s insurance policies. Huntington National Bank...more

Wiley Rein LLP

Second Circuit Affirms No Duty to Defend Claims Against Construction Firm Outside the Scope of Professional Liability Coverage

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The United States Court of Appeals for the Second Circuit, applying New York law, has held that neither of two claims against an insured construction company fell within the scope of coverage under the company’s claims-made...more

Cozen O'Connor

Florida Begins New Era with Major Property Insurance Reforms

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For the fourth time since 2019, the Florida Legislature has enacted property insurance reforms aimed towards stabilizing a beleaguered insurance market. The bill, S.B. 2-A, creates a reinsurance assistance program,...more

Cozen O'Connor

Fifth Circuit Resolves Split Over Chapter 542A Election of Liability for Agents

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In Advanced Indicator & Manufacturing v. Acadia Insurance Company, the Fifth Circuit resolved a thorny split in Texas federal district courts regarding Texas Insurance Code Chapter 542A by returning to a bedrock principle...more

Rumberger | Kirk

Legal Update: Recent Changes to Florida Insurance Law and Its Effect on Litigation

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It is no secret that Florida’s residential property insurance market has experienced a tumultuous past couple of years. Within the past two years alone, a myriad of Florida’s residential property insurance carriers have...more

Wiley Rein LLP

Insured Cannot Amend Complaint to Add Bad Faith Claim Where Coverage Issue is “Debatable”

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Applying Minnesota law, the United States District Court for the District of Minnesota has denied an insured’s motion to amend its coverage litigation complaint to add a claim for bad faith, holding that coverage under the...more

Rivkin Radler LLP

The Title Reporter — Spring 2022

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Here is what we cover in this issue of The Title Reporter: A Legal Update for the Title Insurance Industry: •A federal district court in Montana has ruled that a conveyance of property by policyholders under a title...more

Wiley Rein LLP

A Defending Insurer’s Reserving Rights and Seeking Declaratory Judgment Does Not Constitute Bad Faith in California

Wiley Rein LLP on

A California federal court has held that neither sending a reservation of rights letter nor the mere filing of a suit seeking recission or declaratory relief while an insurer defends the insured amounts to a breach of an...more

Miller Nash LLP

Oregon Bad Faith Insurance Claims Gain Traction Thanks to New Ruling from Court of Appeals

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For many years, conventional wisdom among Oregon lawyers has been that “bad faith” damages are not generally available for an insurer’s breach of its duties to the insured, other than where an insurer has agreed to defend...more

Wiley Rein LLP

D&O Policy’s Professional Services Exclusion and Contract Exclusion Do Not Bar Coverage For Claims Arising from Trade Show...

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Applying Illinois law, the U.S. District Court for the Northern District of Illinois has held that a D&O policy’s professional services and contract exclusions do not bar coverage for lawsuits seeking damages for fees and...more

Cozen O'Connor

Iowa Supreme Court Rejects Restaurant’s Allegations of Bad Faith and Breach of Contract After Appraisal

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The Iowa Supreme Court recently reversed the appellate court’s denial of an insurer’s motion for a directed verdict, finding that United Fire did not breach the insurance policy and did not commit bad faith during a property...more

White and Williams LLP

Reinsurance Litigants May Need to Avoid Putting Their Faith in the Tort of Bad Faith

White and Williams LLP on

In a recent Alabama federal court decision, aptly captioned Alabama Municipal Insurance Corporation v. Munich Reinsurance American, Inc., the plaintiff reinsured brought three counts of bad faith against the defendant...more

White and Williams LLP

The Coverage Fun House Mirror: When Things Are Not What They Seem

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When it comes to commercial general liability coverage, sometimes things are not what they seem. Some policy language looks like it has a clear meaning. But it turns out that there is more than meets the eye. To see this, you...more

Sheppard Mullin Richter & Hampton LLP

Anti-Slapp Statute Does Not Apply To Allegations That Insurer Improperly Refused To Provide Cumis Counsel

Miller Marital Deduction Trust v. Zurich American Insurance Company, — P.3d –, 2019 WL 5304862; First Appellate District Court of Appeal, Division Three, Case No. A155398 (October 21, 2019). In Miller Marital Deduction...more

Saul Ewing LLP

District of Rhode Island Applies Follows Eighth Circuit Rationale as Law of the Case to Allow Claim for Insurance Bad Faith to...

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Columbia Casualty Company v. Ironshore Specialty Insurance Company, No. 15-197, 2019 WL 2176306 (D.R.I. May 20, 2019) - In a dispute between two insurers arising from the once-largest medical malpractice award in Rhode...more

Cozen O'Connor

Form and Substance: The Importance of Conducting a Proper Investigation of First-Party Claims Under California Law

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A bad faith claim against an insurer often focuses as much on the process of a claims investigation as it does on the substance of a claims decision itself. If the coverage decision was wrong (but not unreasonable), and the...more

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