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Breach of Contract › Duty to Settle

Wiley Rein LLP

California Court Asserts Insurer Bad Faith

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The United States District Court for the Southern District of California, applying California law, has held that a professional liability insurer acted in bad faith by unreasonably maintaining its position that its policy did...more

Wiley Rein LLP

Insured Bank’s Acceptance of Loan Payments Without Good Faith Constitutes Uninsurable Loss

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The United States District Court for the Southern District of Ohio, applying Ohio law, has held that a bank’s professional liability policy afforded no coverage for an insured’s settlement of a lawsuit that sought...more

Wiley Rein LLP

Second Circuit Affirms No Duty to Defend Claims Against Construction Firm Outside the Scope of Professional Liability Coverage

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The United States Court of Appeals for the Second Circuit, applying New York law, has held that neither of two claims against an insured construction company fell within the scope of coverage under the company’s claims-made...more

Wiley Rein LLP

Malpractice Insurer Not Liable for Bad Faith for Rejecting Settlement Demand Within Limits

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The United States District Court for the Western District of Texas, applying Texas law, has held that a legal malpractice insurer was not liable for a statutory bad faith claim by the insured law firm because the evidence...more

Manatt, Phelps & Phillips, LLP

Insurance Recovery Law - July 2015 #2

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California Court: Rejected Demand Within Policy Limits Not Necessary for Bad Faith Claim - Why it matters: Insurers must proceed with caution when they become aware that a settlement within policy limits is possible,...more

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