News & Analysis as of

Bad Faith Summary Judgment Insurance Litigation

Marshall Dennehey

Ohio Appellate Court Holds Expert Testimony Not Required to Support Claim for Bad Faith

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The Ohio Second District Court of Appeals reversed summary judgment in favor of an insurer and remanded the case back to the trial court for further proceedings, holding that the plaintiff did not need an expert to proceed to...more

Sheppard Mullin Richter & Hampton LLP

Ninth Circuit Affirms Summary Judgment for Allstate in Bad Faith Claim

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

Sheppard Mullin Richter & Hampton LLP

Insurance Team Year End Review

Throughout 2022, Sheppard Mullin’s insurance practice group demonstrated excellence in all stages of litigation, continuing to solidify its role as trusted counsel to the nation’s leading insurers, including Liberty Mutual,...more

Cozen O'Connor

Fifth Circuit Weighs in on Aftermath of Texas Supreme Court’s Decisions Affecting Insurers’ Pre-Appraisal Award Payments and...

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Just a few short years ago, there was a bright line rule under Texas law concerning appraisal awards. If an insurer timely paid an appraisal award, that payment extinguished all of the insurer’s contractual and...more

White and Williams LLP

Eleventh Circuit Finds No Bad Faith Where Insurer Failed to Provide “Mirror-Image” Response to Claimant’s Demand

In Florida, an insurer is required to work diligently on the insured’s behalf to avoid an excess judgment, with the “same haste and precision as if it were in the insured’s shoes”. Harvey v. GEICO General Insurance Company,...more

Cozen O'Connor

Claims Handling: Questions Are the Answer

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The key issue in insurance bad faith litigation is whether the claims professional reasonably handled the claim. Throughout the claims-handling process, the claims professional should constantly ask him-or-herself whether the...more

Butler Weihmuller Katz Craig LLP

How will Florida’s amended summary judgment standard affect bad faith cases?

The Florida Supreme Court ended 2020 with a bang!  The Supreme Court amended Florida Rule of Civil Procedure 1.510 to adopt the federal summary judgment standard.  This change will affect different types of civil...more

Carlton Fields

Not So Fast: Court Upholds Denial of Request for Accelerated Life Insurance Payment

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The Ninth Circuit recently affirmed a summary judgment ruling in favor of Minnesota Life Insurance Co. on all claims stemming from its denial of an accelerated life insurance payment. ...more

Carlton Fields

Eleventh Circuit Rejects Insurer-Defended Policyholder’s Bid to Expand Florida’s Bad Faith “Excess Judgment Rule” to Include...

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In Cawthorn v. Auto-Owners Insurance Co., No. 18-12067 (11th Cir. Oct. 25, 2019), the Eleventh Circuit affirmed the U.S. District Court for the Middle District of Florida’s grant of summary judgment in favor of Auto-Owners...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

Robins Kaplan LLP

Appeals in Insurance Litigation – Appreciating Standards of Review

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It is said that the first rule of a successful appeal is to win in the trial court. But, regardless of winning or losing in the trial court, one of the most important considerations in evaluating exposure and the likelihood...more

Carlton Fields

Title Insurance Update: Week Ending January 18, 2019

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Title Insurance Update - Bad Faith: granting title insurer summary judgment and holding that bad faith claim under Alabama law requires a contract claim so strong that a prejudgment verdict would be required on it - Fidelity...more

Saul Ewing LLP

District of Idaho Grants Summary Judgment for Insurer on Bad Faith Claim Where Insured's Claim for Policy Benefits Was "Fairly...

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Becca Franco was involved in a car accident in 2015. Franco submitted a claim to her insurer, State Farm, for underinsured motor vehicle and medical payment benefits. Sixteen months later, Franco filed suit against State...more

Saul Ewing LLP

Summary Judgment for Maryland “By the Book” Insurer on Bad Faith Claim

Saul Ewing LLP on

Baltimore citizens may recall the salacious circumstances of the underlying action giving rise to Hussy v. Hous. Auth. of Baltimore City, 2018 WL 1947049, *8-9 (D. Md. Apr. 24, 2018), under which Mr. Hussy, among other...more

Carlton Fields

Dot The I’s And Cross The T’s: The Importance Of Clarity In Claim Communications And The Availability Of Punitive Damages For An...

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The Georgia Court of Appeals recently made waves in Hughes v. First Acceptance Insurance Company of Georgia, Inc., 343 Ga. App. 693 (2017). First, it aggrandized the role of a jury in determining the existence of an offer to...more

Saul Ewing LLP

Northern District of Illinois Denies Summary Judgment for Insurer on Bad Faith Claim Where Disputed Facts Exist as to Insurer’s...

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Following a fatal vehicle accident in 2008, a group of plaintiffs brought suit against Venture One, Inc., the owner of a truck involved in the accident. After several unsuccessful attempts to settle the matter with Venture...more

Butler Weihmuller Katz Craig LLP

Butler Wins Dismissal of a First-Party Bad-Faith Claim Involving a Civil Remedy Notice That Listed a Different Household Policy

In Florida, an insured cannot bring a first-party bad faith claim based on a claim for UM coverage unless the insured first files a Civil Remedy Notice (CRN) with the Florida Department of Financial Services. In Mathurin v....more

Robinson+Cole Massachusetts Appellate Blog

Appeals Court: No Bad Faith For An Insurer’s Legitimate Exercise Of A Contractual Right Or Its Settlement Within The Policy Limit...

In a Rule 1:28 decision applying New Hampshire law, the Appeals Court affirmed the entry of summary judgment dismissing a doctor’s suit accusing her professional liability insurer of improper settlement of a claim without her...more

Cozen O'Connor

Florida Alert: Can a Liability Carrier be Sued for Bad Faith when Its Insured Was Not Exposed to Liability In Excess of the Policy...

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The Third District Court of Appeals finding recently held that in certain circumstances, a third party can maintain a bad faith claim against an insurer even if the insured is not exposed to liability in excess of the policy...more

Saul Ewing LLP

Ninth Circuit Reverses Insured’s Summary Judgment Win Concluding that Insurer’s Negligence is Insufficient to Breach Implied Duty...

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McDaniel v. Govt. Empls. Ins. Co., No. 14-17203, 2017 WL 892516 (9th Cir. Mar. 7, 2017) - On cross-motions for summary judgment, the District Court for the Eastern District of California ruled in favor of Amy McDaniel,...more

Carlton Fields

Federal Court Holds California Insurance Code Bars Duty to Defend Against False Claims Act Violations

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The Central District of California held that Section 533 of the Insurance Code eliminated any potential for coverage for suit under the state False Claims Act. On January 4, the U.S. District Court for the Central...more

Saul Ewing LLP

No Breach Of Contract Or Bad Faith As A Matter Of Law Where Defense Counsel Agreed To Accept Rates Paid By Insurer

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Feld v. Fireman’s Fund Ins. Co., Case No. 12-1789 (D.D.C. Sept. 13, 2016). In a case where Saul Ewing represented Fireman’s Fund Insurance Company (“FFIC”), the District Court for the District of Columbia granted FFIC’s...more

Cozen O'Connor

Genuine Dispute Defeats Both Bad Faith and Elder Abuse

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The Paslays sued State Farm for failing to pay a portion of the damage caused to their Pacific Palisades house by a heavy rainstorm and for forcing them to move back into the house while it was still under construction. The...more

Haight Brown & Bonesteel LLP

Court Confirms No Duty to Reimburse for Prophylactic Repairs Prior to Actual Collapse

In Grebow v. Mercury Insurance Company (No. B261172, filed 10/21/15), a California appeals court held that coverage for collapse in a homeowners policy does not extend to prophylactic repairs undertaken to mitigate damage...more

Saul Ewing Arnstein & Lehr LLP

Fifth Circuit Court of Appeals: Establishing an Arguable Basis for Delay or Denial of a Claim Precludes a Finding of Bad Faith

Dey v. State Farm Mut. Auto. Ins. Co., No. 14-60300, 2015 WL 3772762 (5th Cir. June 17, 2015). Fifth Circuit holds that “pocketbook dispute” between insured and insurer over value of the insured’s claim and insurer’s...more

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