News & Analysis as of

Bad Faith Policy Limits Insurance Industry

Cozen O'Connor

Does an Optional Release Constitute Bad Faith?

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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

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

DRI

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

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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

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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

Presley & Presley

No “Claim”, No Coverage

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Claims Made and Reported policies are their own animal. Proper reporting of claims is vital to ensure coverage for any loss. Knowing what constitutes a “claim” that must be reported and when and how to report the claim can be...more

Presley & Presley

No Settlement Opportunity, No Problem

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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

Sheppard Mullin Richter & Hampton LLP

Ninth Circuit Confirms that the Two-Year Statute of Limitations in a Bad Faith UM/UIM Claim Begins when the Insured Should Have...

In an issue of first impression, the Ninth Circuit Court of Appeals affirmed summary judgment for Allstate and held that the two-year statute of limitations for bad faith claims arising out of an uninsured/underinsured...more

Farella Braun + Martel LLP

More Stringent California Claim Law Could Benefit Policyholders

To combat a perceived litigation tactic by plaintiffs counsel of using settlement demands within policy limits to set up insurers for bad faith, insurance company associations lobbied for statutory clarification to avoid...more

Rumberger | Kirk

Breaking Down Bad Faith: Insurers’ Good Faith Duties and Defending Bad Faith Claims

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Insurance companies facing a bad faith claim are at risk for extra contractual damages—additional damages above the existing limits to a policy. In this episode of Legally Qualified, RumbergerKirk insurance coverage attorneys...more

Rumberger | Kirk

Eleventh Circuit: Disagreement Over Valuation Is Not Per Se Bad Faith

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A little more than one year after Progressive scored a bad faith win in Eres v. Progressive American Ins. Co., 998 F.3d 1273 (11th Cir. 2021), Progressive came away with another victory in Deary v. Progressive American Ins....more

Rumberger | Kirk

Eleventh Circuit Reverses its Prior Reasoning Finding: Settlement Agreements can now be Basis for a Bad Faith Claim

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In Florida, an excess judgment is when the judgment in the case exceeds the policy limits. The excess judgment rule requires an injured plaintiff to obtain an excess judgment before prosecuting a bad faith claim against an...more

Cozen O'Connor

Eleventh Circuit (Florida): No Bad Faith for Investigating Claim

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On February 15, 2022, the United States Court of Appeal for the Eleventh Circuit upheld the Southern District of Florida’s summary judgment victory for GEICO, finding that no reasonable jury could conclude that GEICO had...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

Butler Weihmuller Katz Craig LLP

Good Faith: Plaintiffs’ Complaints About Release Held Invalid

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

Payne & Fears

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

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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

Carlton Fields

Minnesota Supreme Court’s First Opinion on the State’s Bad Faith Statute

Carlton Fields on

The Minnesota Supreme Court in the matter of Alison Joel Peterson v. Western National Mutual Insurance Company, 946 N.W.2d 903 (Minn. 2020) opined for the first time on the state’s bad faith statute (Minn. Stat. § 604.18) and...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

Bradley Arant Boult Cummings LLP

Insurers Beware: One Insurer’s Settlement Can Support a Bad Faith Failure-to-Settle Claim Against a Nonsettling Insurer

An insurer defending a claim against an insured that could exceed policy limits has a good faith obligation to settle the claim if possible. Failure to do so puts a nonsettling insurer at grave risk. An Eleventh Circuit...more

Saul Ewing LLP

District Court of Appeal of Florida Reverses Summary Judgment for Insurer on Bad Faith Claim Where Issue Remained as to Whether...

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Bryant v. GeoVera Specialty Insurance Company, No. 4D18-189 (Fla. Dist. Ct. App. May 8, 2019) - Hershel and Betty Bryant’s residence sustained damage caused by a pipe leak. The Bryants subsequently reported the loss to...more

Baker Donelson

Georgia Federal Court Finds No Bad Faith in Dilemma-Laden Holt Demand

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In Kemper v. Equity Insurance (No .1:15-cv-02961-MLB, N.D.Ga. July 8, 2019), recently appointed federal judge Michael Brown rejected plaintiff Amy Kemper's attempt to assert a bad faith claim against Equity Insurance Company....more

Pillsbury - Policyholder Pulse blog

Evolving Bad Faith Law: Pro-Policyholder Decision out of Minnesota

Since 2008, Minnesota has had a bad-faith statute that penalizes an insurance company for its unreasonable denial of a first-party insurance claim. But it was only earlier this month that a Minnesota appellate court...more

Cozen O'Connor

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

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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

Payne & Fears

Victory for Policyholders - An Insurer's Breach of the Duty to Defend Opens Up Policy Limits

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Insurance companies can no longer breach the duty to defend believing that, as long as they act in good faith, their potential liability is capped at policy limits or any costs incurred by the insured in mounting a defense....more

Cozen O'Connor

The Florida Supreme Court Pushes Florida Bad Faith Standard Closer to Negligence in Harvey v. GEICO Decision

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The Florida Supreme Court recently decided Harvey v. GEICO Gen. Ins. Co., No. SC17-85, 2018 WL 4496566, at *1 (Fla. Sept. 20, 2018), an important case setting forth what many will try to argue has lessened the standard for...more

White and Williams LLP

A Divided Florida Supreme Court Drastically Expands Liability for Bad Faith Claims

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In a highly anticipated decision, a sharply divided Florida Supreme Court reversed the decision of the state’s Fourth District Court of Appeal and reinstated a jury’s $9.2 million verdict against GEICO for the insurer’s...more

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