Breaking Down Bad Faith: Insurers’ Good Faith Duties and Defending Bad Faith Claims
An Uncompromising Insurer: What is a Policyholder to Do?
Hinshaw Insurance Law TV: Recent Changes in Florida Property Insurance Law and How They Will Affect First Party Insurance
Podcast - The Briefing from the IP Law Blog: Lord of The Rings Author’s Estate Clings to its Precious Trademark, Blocking JRR Token
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
Subro Sense Podcast - Considerations In Fixed Funds/Limited Pool Scenarios
Protecting Your Brand in China
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
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
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
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
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
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
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
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
The United States District Court for the Eastern District of Pennsylvania, applying Pennsylvania law, denied an insurer’s motion for summary judgment on the grounds that a genuine dispute of material fact existed as to...more
This is the third in a series of four articles analyzing recent changes to Florida law governing bad-faith claims in insurance coverage litigation. The changes were made in Senate Bill 2A and House Bill 837, which became law...more
This is the second in a series of four articles analyzing recent changes in Florida law governing bad-faith claims in insurance coverage litigation. The changes were made in Senate Bill 2A and House Bill 837, which became law...more
In D&B Marine, LLC v AIG Prop. Cas. Co. [March 21, 2023] the North Carolina Court of Appeals held that the owner of what the court deemed “the Unluckiest Yacht” could not relate back claims for bad faith to its original...more
This week’s decision by the Eleventh Circuit in McNamara v. Gov't Employees Ins. Co., __ F.4th __, No. 20-13251, 2022 WL 1013043 (11th Cir. Apr. 5, 2022) expands the circumstances under which insurers in Florida may face...more
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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 some circumstances an insurer’s duty to settle may arise even in the absence of a demand by the claimant within policy. The recent case of Planet Bingo, LLC v. The Burlington Insurance Company, 2021 DJDAR 2510 (March 18,...more
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
In Part I of this series, we explored the differences between institutional and non-institutional bad faith. For claims of institutional bad faith, plaintiffs often attempt to demonstrate a pattern and practice by offering...more
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
Accusation that an insurer has acted in bad faith has unfortunately become a commonplace response whenever an insured is denied coverage. This reactionary position ignores that parties can, in good faith, reach differing...more
It takes a nimble insurer to navigate around the landmines created by a consent judgment. This issue explores the challenges presented when a plaintiff and a defendant settle a claim, yet they agree that the plaintiff will...more
In part one of this blog I discussed intervention, one option insurers may have when coverage questions arise. As I noted in my prior blog, procedures for intervention vary by state, and some states simply do not allow an...more
QBE Seguros brought a successful action declaring a marine insurance policy was void ab initio under the doctrine of uberrimae fidei and the breach of the warranty of truthfulness in the application for insurance....more
Does the failure to pay an insurance claim constitute elder abuse? Not under Oregon’s elder financial abuse laws. In January, the Oregon Supreme Court, answering a certified question from the Ninth Circuit, held that...more
An Insurer’s Guide to Reserving Rights: Tips for Avoiding Waiver and Estoppel - Insurers know all too well that the penalties for an ineffective reservation of rights letter can be severe...more