News & Analysis as of

Indemnification Bad Faith

Wiley Rein LLP

Claims under Illinois False Claims Act Not Uninsurable under Illinois Law

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The Northern District of Illinois has held that claims brought under the Illinois False Claims Act (“IFCA”) are not uninsurable as a matter of Illinois law. The insured, a telecommunications company with $2 million in...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

Rivkin Radler LLP

New York Insurance Coverage Law Update

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Federal District Court Denies Insured’s Request To Add Claim For Bad Faith And Consequential Damages Based On Insurer’s Denial Of Coverage In this declaratory judgment action, the insured filed a motion for leave to add a new...more

White & Case LLP

The High Court heralds the end of the Arkin cap

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Davey v Money and others [2019] EWHC 997 confirms that litigation funders can no longer rely on the ‘Arkin cap', to limit their adverse costs exposure to the amount of funding they contributed. The decision continues the...more

Saul Ewing LLP

Ninth Circuit: Insurer’s Equitable Indemnity Action Against its Insured Not Brought in Bad Faith

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In KnightBrook Ins. Co. v. Payless Car Rental Sys., Inc., 2018 WL 1958661 (9th Cir. Apr. 26, 2018), the Ninth Circuit Court of Appeals affirmed the District of Arizona’s dismissal of a bad faith claim that was premised on...more

Jaburg Wilk

Arizona Insurers Beware of "Pay-and-Chase"--Arizona Supreme Court Rejects Expansion of Equitable Indemnification

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The Holding - In Knightbrook Insurance Company v. Payless Car Rental System Incorporated, 2018 WL 769295 (Ariz. February 8, 2018), an insurance bad faith and equitable indemnification case arising from an auto claim, the...more

Saul Ewing LLP

Sixth Circuit Affirms Summary Judgment for Insurer on Bad Faith Claims Where Insurer Offered to Settle Claims for Policy Limit in...

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United States Court of Appeals for the Sixth Circuit rules that insurer’s offer to settle claims for policy limit in exchange for release and indemnification of insured strikes proper balance between competing duties of good...more

PilieroMazza PLLC

Drafting Indemnification Provisions to Address Common Issues

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Corporate bylaws and operating agreements often contain provisions that provide for indemnification to directors, officers and in some cases employees and agents who become parties to litigation, arbitration or investigations...more

Manatt, Phelps & Phillips, LLP

Insurance Recovery Law - August 2015 #2

Good News for Corporate Policyholders: Insurer Cannot Refuse Coverage Based on Insured's Assignment of Rights Under Policies After Loss Has Occurred - Why it matters: Reversing its holding in a 2003 case, the Supreme...more

Orrick, Herrington & Sutcliffe LLP

Policy Observer - July 2013

Getting Over the Bar: Second Circuit Requires Actual Payment of Underlying Limits In Order to Trigger Excess D&O Policies - In June, the Second Circuit held that two Federal Insurance Company ("FIC") excess D&O...more

Cozen O'Connor

No Bad Faith Recovery Based on Insurer’s Investigation of Claims Under Connecticut Law

Cozen O'Connor on

On certification from the U.S. District Court for the Northern District of Alabama, the Supreme Court of Connecticut recently issued an opinion holding that an insurer’s bad faith conduct in the investigation of a third-party...more

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