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
In light of the recent heavy rainfall in the UAE, both insurers and businesses must understand the legal framework outlined in Federal Law No. 5/1985 on Civil Transactions Law or Civil Code. This law provides comprehensive...more
On June 5, the United States Circuit Court of Appeals for the Fourth Circuit issued an unpublished opinion that provides a blueprint to insurance companies for handling bad faith claims. The Fourth Circuit held in Sellman v....more
With very limited exceptions, liability policies provide insureds with two primary benefits: a defense paid for by the insurance carrier and indemnity for covered claims. These benefits to the insured are purchased with...more
In our January insurance update, we include three state cases addressing some less common situations. It’s not often that a pollution exclusion is interpreted in the context of an auto policy. But the South Dakota Supreme...more
Southern District Holds That Claim For Unjust Enrichment Not Covered Claim For “Property Damage”- The owners of a Manhattan apartment hired Zale Contracting to renovate their apart-ment. After the apartment’s sprinkler...more
The last few years have brought unprecedented hurricane seasons in the Gulf South, with Louisiana’s coastal communities bearing much of the impact. Those storms brought property damage; that property damage brought insurance...more
...more
A recent decision of the Eleventh Circuit Court of Appeals limits the Florida Supreme Court’s approach to evaluating whether an insurer committed bad faith in handling a claim against its insured....more
The Eighth Circuit Court of Appeals recently held that, under Iowa law, an insurer is not liable for breach of contract or bad faith if its coverage decision was objectively reasonable at the time it was made. In Hallmark...more
In first-party breach of insurance contract actions, the parties oftentimes dispute whether the policyholder may seek damages that are not explicitly provided for in the policy, with the policyholder arguing such indirect...more
On January 21, 2021, the Supreme Court of Florida issued an important decision in Citizens Property Insurance Corp. v. Manor House, LLC, et. al., SC19-1394 (Fla. 2021), disallowing an insured to recover extra-contractual,...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
As the number of filings of COVID-19 coverage actions continue to increase, we thought it would be useful to review these cases for our insurer readership so they can better understand the issues and themes that are emerging...more
“[T]here is no separate cause of action of institutional bad faith,” the Pennsylvania Superior Court recently concluded, referencing Pennsylvania’s bad-faith statute, 42 Pa.C.S. § 8731, in an action by two homeowners against...more
CAN MISSTEPS IN CLAIM HANDLING CAUSE MASSACHUSETTS INSURERS TO BE HELD LIABLE FOR BAD FAITH? DO MASSACHUSETTS COURTS HOLD INSURERS TO A STANDARD OF PERFECTION? SEE HOW THE 2019 CASES ANSWER THESE IMPORTANT QUESTIONS. ...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
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
Under New Jersey law, an insurer cannot be held liable for bad faith in denying an insurance claim if the claim is “fairly debatable.”...more
Recently, in Mallek v. Allstate Indem. Co. No. 17-CV-5949-KAM-SJB, 2018 U.S. Dist. LEXIS 42171 (E.D.N.Y. Mar. 12, 2018) [insert link], a federal magistrate in New York recommended that the Court deny a plaintiff’s motion to...more
After a 2011 tornado damaged two buildings on its premises in Iowa, B&F Jacobson Lumber & Hardware, L.L.P. (“B&F”) submitted a property damage claim to its insurer, Acuity, A Mutual Insurance Company (“Acuity”). In response...more
In Chukly v. American Family Mut. Ins. Co., 2017 WL 3262541 (D.Ariz. Aug. 1, 2017) (Order), a breach of contract and insurance bad faith case arising from a homeowners claim after a microburst and “massive rain,” the Arizona...more
Hurricane Nate made landfall on the Mississippi Gulf Coast near the city of Biloxi on Sunday, October 8, 2017, as a Category 1 Hurricane. The eastern quadrant of the storm’s center also passed over significant portions of...more
Thousands of homes and other buildings both on the coast and in the interior of the Carolinas have been damaged or destroyed by Hurricane Matthew, and ongoing flooding continues to cause damage and hinder recovery efforts. By...more