News & Analysis as of

Bad Faith Insurance Industry Settlement Offer

Rumberger | Kirk

11th Circuit Reaffirms Insurers Can Still Prevail as a Matter of Law in Post-Harvey v. Geico Landscape

Rumberger | Kirk on

On June 1, 2021, theEleventh Circuit Court of Appeals affirmed a summary judgment granted in favor of an insurer in a third party bad faith claim. The case, Eres v. Progressive American Insurance Company, Case No. 20-11006,...more

Payne & Fears

California Court of Appeal Issues Important Opinion on Bad Faith Failure to Settle

Payne & Fears on

The California Court of Appeal issued an important decision that may significantly impact how settlement opportunities are evaluated in catastrophic liability claims.  In Pinto v. Farmers Ins. Exch., No. B295742, ___ Cal....more

Bradley Arant Boult Cummings LLP

Equitable Subrogation: A Useful Tool for Your Excess Insurer When Your Primary Insurer Refuses to Settle Within its Limits

Every policyholder will likely face a scenario where its primary insurer refuses a settlement offer within limits. The primary insurer is potentially liable for that excess verdict if it acted in bad faith by refusing to...more

Cozen O'Connor

Georgia Supreme Court Spares Insurance Company from a $5.3 Million Bad-Faith Verdict

Cozen O'Connor on

Last week, the Georgia Supreme Court confirmed that an insurance carrier’s duty to settle a claim against its policyholder arises only after an injured claimant presents a “valid offer” to settle within policy limits. In...more

Butler Weihmuller Katz Craig LLP

Duty to Initiate Settlement Negotiations Under Powell not Triggered Unless Liability is Clear

In a recent decision, the Eleventh Circuit Court of Appeals affirmed an important order of the United States District Court for the Northern District of Florida in a so-called “Powell claim.” Welford v. Liberty Mutual Ins....more

Haight Brown & Bonesteel LLP

Claimants’ Demand for Superfluous Wording In Release Does Not Excuse Insurer’s Failure to Accept Policy Limit Offer Within Time...

In Barickman v. Mercury Casualty Co. (No. B260833, filed 7/25/16, ord. pub. 8/15/16) a California appeals court affirmed a $3 million bad faith award against Mercury Casualty Co. based upon its failure to accept a policy...more

Cozen O'Connor

When a Policy Limits Offer is Not Enough: A Cautionary Tale of a Failure to Settle Case

Cozen O'Connor on

In a recent unpublished decision, the California Court of Appeals upheld a $3 million judgment against an auto liability insurer that rejected proposed language in a settlement agreement, notwithstanding the insurer’s policy...more

Cozen O'Connor

The Duty to Follow-up Part II: When The Underlying Litigation Changes

Cozen O'Connor on

Last month, we discussed the duty to follow-up in the context of an offer to settle made by a tort claimant and how neglect of that duty cost an insurer dearly by converting a claim that could have been settled for $25,000...more

Cozen O'Connor

The Duty to Follow-up: How A $25,000 Offer To Settle Turns Into A $7 Million Loss

Cozen O'Connor on

In many states, an insurer not only has a duty to timely communicate with its insured and respond to demands for settlement by a claimant asserting a claim regarding the adjustment of a loss, that duty may also include the...more

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