News & Analysis as of

Denial of Insurance Coverage Bad Faith Insurance Litigation

Carlton Fields

Divided Ninth Circuit Finds Claimant’s Failure to Provide Medical Records Insulates Insurer From Bad Faith Failure to Settle

Carlton Fields on

If at first you don’t succeed, try, try again. An age-old adage that now provides critical guidance for insurers seeking to protect themselves in the face of bad faith failure to settle claims....more

Cozen O'Connor

Jackson v. Spinnaker: Court Rules a Thorough Investigation is Just Good Business, Not Bad Faith

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In Jackson v. Spinnaker Insurance Company, the United States District Court for the Western District of Pennsylvania considered a homeowners insurance coverage dispute, ultimately finding that questions of residency and...more

Allen Matkins

What You Need to Know about the California Fair Access to Insurance Requirements Plan (FAIR Plan)

Allen Matkins on

This alert begins our series discussing legal issues related to the Southern California wildfires. We will continue to provide updates as more information becomes available. Due to the high risk of wildfires in California,...more

Rivkin Radler LLP

New York Insurance Coverage Law Update — Compilation 2024

Rivkin Radler LLP on

An owner, general contractor (GC) and subcontractor (Sub) were sued by injured workers at a construction site, and they were defended by the Sub’s insurer, U.S. Specialty Insurance Company. U.S. Specialty tendered their...more

Lowenstein Sandler LLP

In Bad Faith: Understanding Bad Faith Claims and Policyholder Protection

Lowenstein Sandler LLP on

In this episode of “Don’t Take No for An Answer,” Eric Jesse, partner in Lowenstein Sandler’s Insurance Recovery Group, is joined by Alexander B. Corson to discuss bad faith in insurance claims. Highlighting a recent example...more

Carlton Fields

Alabama Federal Court Holds That Tort of Bad Faith Does Not Extend to Reinsurance Contracts

Carlton Fields on

In Alabama Municipal Insurance Corp. v. Munich Reinsurance America Inc., the U.S. District Court for the Middle District of Alabama addressed whether, under Alabama law, “reinsurance falls within the limited category of...more

Lowenstein Sandler LLP

Insurer Bad Faith: New York Cracks Down on ‘Wait and See’ Claims Handling

Lowenstein Sandler LLP on

Insurer bad faith may take many forms. While policyholders are sometimes familiar with the quintessential bad faith fact pattern – a liability insurer’s failure to settle within policy limits – the New York Appellate Division...more

Cozen O'Connor

A New Era for Extra-Contractual Damages in Oregon - What We Know and What We Are Learning Six Months Since Moody

Cozen O'Connor on

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

Goldberg Segalla

[Webinar] An Ohio Primer: Critical Insurance Coverage Issues in the Buckeye State - April 9th, 12:00 pm - 1:00 pm EDT

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Ohio presents unique challenges to practitioners handling insurance claims in the state. Join Goldberg Segalla partners Michael A. Hamilton and Sean P. Hvisdas as they host a live, interactive webinar on some of the most...more

Marshall Dennehey

Renewing a Faulty Insurance Policy Does Not Extend the Statute of Limitations.

Marshall Dennehey on

Lewicki v. Grange Ins. Co., 8th Dist. Cuyahoga No. 112705, 2023-Ohio-4544 - The Eighth District Court of Appeals dismissed this complaint that alleged negligence and bad faith against an insurer and an agent after a...more

Goldberg Segalla

[Webinar] A Pennsylvania Primer: Critical Insurance Coverage Issues in the Keystone State - November 14th, 12:00 pm - 1:00 pm EST

Goldberg Segalla on

Pennsylvania presents unique challenges to practitioners handling insurance claims in the state. Join Goldberg Segalla partners Michael A. Hamilton, Colleen E. Hayes and Sean P. Hvisdas as they host a live, interactive...more

Shumaker, Loop & Kendrick, LLP

Client Alert: Recent Statutory Changes in Florida Insurance Law: Bad Faith - Part Three

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

Wiley Rein LLP

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

Wiley Rein LLP on

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

Chartwell Law

Notable Developments in Insurance Bad Faith and What It Means For Insurers

Chartwell Law on

Recently, in Security National Ins. Co. v. Construction Associates of Spokane, No. 20-167 (E.D. Wash. Mar. 24, 2022), a Washington federal court concluded that an insurer breached its duty to defend a party as an additional...more

Cozen O'Connor

Louisiana Federal Court Upholds Applicability of Anti-Concurrent Causation Exclusion for Hurricane Damage

Cozen O'Connor on

In a timely reaffirmation of the Fifth Circuit’s 2007 ruling in Leonard v. Nationwide Mut. Ins. Co., a Louisiana federal court recently upheld the application of an insurance policy’s Anti-Concurrent Causation Clause (“ACC”)...more

Cozen O'Connor

No Bad Faith When Insurer Relied on Opinion of Independent Consultant

Cozen O'Connor on

The Court of Appeals of Georgia recently held that an insurer’s reliance on the report of an independent consultant creates a presumption that it did not act in bad faith in denying coverage. In Montgomery v. Travelers Home...more

Cozen O'Connor

Reasonableness of Insurer’s Coverage Decision Determined by Evidence Available at Time of Decision

Cozen O'Connor on

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

Cozen O'Connor

Tips for Avoiding First-Party “Bad Faith” in Illinois

Cozen O'Connor on

Illinois does not recognize bad faith as an independent tort. In the first-party context, bad faith is a purely statutory construct which hinges upon whether an insurer’s conduct was “vexatious and unreasonable.”...more

Cozen O'Connor

Recent Bad Faith Cases Regarding Reasonableness of Medical Treatment

Cozen O'Connor on

In two recent cases, the courts showed substantial deference to patients’ treating physicians in determining the reasonableness of medical treatment. This deference appears to reflect a reluctance of courts to decide what...more

Cozen O'Connor

A Consequential Ruling: Florida Supreme Court Rejects Recovery of Consequential Damages in First-Party Breach of Contract Actions

Cozen O'Connor on

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

Rumberger | Kirk

Florida Supreme Court Rules Extra-Contractual, Consequential Damages Are Not Recoverable in a First-Party Breach of Contract...

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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

Wiley Rein LLP

No Coverage for TPA in Claim Arising from Extracontractual Exposure to Insurer

Wiley Rein LLP on

A federal district court has ruled that a third-party administrator’s professional liability policy does not afford coverage for a claim against the TPA arising from an excess judgment against the TPA’s...more

Wiley Rein LLP

Prior Knowledge Exclusions Apply Where Insured Received Three Letters from Potential Claimants and Issued Two Litigation Holds...

Wiley Rein LLP on

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

Hinshaw & Culbertson LLP

The LHD/ERISA Advisor - October 2020: Material Misrepresentations in Life Insurance Policy Application Justified Rescission by...

Hinshaw & Culbertson LLP on

In Salopek v. Zurich Am. Life Ins. Co., 2020 U.S. Dist. LEXIS 46857 (D. N.M. March 18, 2020), a New Mexico district court affirmed an insurer's rescission of an individual life insurance policy based on material...more

Carlton Fields

Years of Embezzlement Precluded From Coverage Under E&O Policy’s Commingling Exclusion

Carlton Fields on

A federal district court in North Dakota recently granted an insurer’s motion to dismiss in Campbell Property Management LLC v. Lloyd’s Syndicate 3624, finding that both prongs of a “commingling exclusion” to coverage...more

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