News & Analysis as of

Nationwide Insurance Co. Insurance Industry

Is Negligence Enough for Bad Faith? The Eleventh Circuit Rejects an Invitation to Let the Georgia Supreme Court Decide

In a two-paragraph opinion following oral argument, the Eleventh Circuit Court of Appeals affirmed a District Court’s judgment that Nationwide was liable for either negligent or bad faith failure to settle a claim. The trial...more

Sixth Circuit: Substantial Risk of Harm and Mitigation Costs Sufficient to Confer Standing in Data Breach Case

On October 12, 2016, the U.S. Court of Appeals for the Sixth Circuit denied a petition for an en banc rehearing of its September 12 decision in Galaria, et al. v. Nationwide Mutual Insurance Company (Nos. 15-3386/3387). In...more

Can Disputes Related To Procurement Of Federal Flood Insurance Policies Be Litigated In State Court?

by Cozen O'Connor on

It is well-established that claim processing and wrongful denial of coverage disputes involving federal flood insurance policies belong in federal court because they present substantial questions of federal law. The U.S....more

Data Breach Standing Goes Nationwide; Sixth Circuit Says Plaintiffs Have Standing to Sue

by Orrick - Trust Anchor on

The Sixth Circuit joined the growing trend of appellate courts holding that plaintiffs had demonstrated standing for data breach class actions in Galaria et al. v. Nationwide Mutual Insurance Company. In a recent order, the...more

6th Circuit “Stands” Up for Plaintiffs in Data Breach Suit

A recent decision by the U.S. Sixth Circuit Court of Appeals lowers the threshold for standing in data breach cases, giving data breach victims an easier path to sue the companies from which their data was stolen. Adam Frey...more

Litigation Alert: The Sixth Circuit Recognizes Article III Standing in Data Breach Case Despite Absence of Identity Theft...

by Fenwick & West LLP on

Last week, the Sixth Circuit held that allegations that personal information was stolen following a data breach was sufficient to confer Article III standing to sue to the affected individuals, even in the absence of...more

Insurer Correctly Non-Renewed Homeowner’s Insurance Policy

by Collins & Lacy, P.C. on

The South Carolina Court of Appeals has concluded that notice of cancellation of a homeowner’s insurance policy is controlled by S.C. Code § 38-75-1160, not the more general § 38-75-740, and that the mortgage holder was not...more

Third Circuit Holds No Estoppel In Light of Reservation of Rights Letters

In its recent decision in Nationwide Prop. & Cas. Ins. Co. v. Shearer, 2016 U.S. App. LEXIS 9635 (3d Cir. 2016), the United States Court of Appeals for the Third Circuit, applying Pennsylvania law, had occasion to consider...more

Court Holds That “Regular Use” Provision is Not Affected by Purpose of Trip for Car Used Exclusively by Family Member

In Nationwide Mutual Ins. v. Shimon (No. C071776, filed 12/3/15, ord. pub. 12/17/15) (hereinafter “Shimon”), a California appeals court affirmed judgment in favor of an auto insurer on a finding that coverage did not apply to...more

Conflict Resolution: Illinois Appellate Court Finds No Conflict in Defending Two Insureds, and No Duty of Primary to Excess...

by Carlton Fields on

When an insurer defends its insured under a liability policy, the insurer has a duty to act in good faith to the insured in responding to settlement offers. In Illinois Emcasco Insurance Co. v. Nationwide Mutual Insurance...more

Looking Backward: West Virginia Retroactively Imposes Coverage for Faulty Workmanship

by Carlton Fields on

A notorious moving target in the field of coverage litigation is an insurer’s responsibility under a commercial general liability policy for the policyholder’s faulty workmanship. The key question is usually whether the...more

SEC Sanctions Insurance Company for Variable Contract Pricing Violations

by Reed Smith on

The Securities and Exchange Commission (the “SEC”) recently charged a life insurance company with violating the pricing requirements under Rule 22c-1 of the Investment Company Act of 1940 in respect of purchase and redemption...more

Bad Faith Sentinel - July 2013

CONTENTS - Northern District of Texas: No Bad Faith for Denying Property Damage Claim Due to Insured’s Failure to Allow Insurer More Than a Day’s Time for Inspection Prior to Insured’s Remediation - District of...more

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