Breaking Down Bad Faith: Insurers’ Good Faith Duties and Defending Bad Faith Claims
JONES DAY PRESENTS®: Insurance Implications of the California Consumer Privacy Act
May a liability insurer discharge its obligations to its insured simply by interpleading its policy limits, even when doing so leaves the insured exposed to a multimillion-dollar excess judgment? The Georgia Court of Appeals...more
James Glascott v. USAA Casualty Insurance Company, Index No. 806225/2024, Erie County, New York. The plaintiff, a resident of Erie County, New York, was legally traversing a four-way stop intersection when his vehicle was...more
The United States District Court for the Western District of Texas, applying Texas law, has held that a cyber policy limited coverage to a single $250,000 sublimit for all cyber crime loss during the policy period, regardless...more
In February's CiCi Enterprises LP v. HSB Specialty Insurance Co. decision, the Northern District of Texas addressed whether a ransomware sublimit endorsement capped losses otherwise covered under a cyber policy. The court...more
As part of Florida’s March 2023 tort and insurance reforms, the Florida legislature introduced a safe harbor for carriers to avoid bad faith liability in claims involving multiple third party claimants. The provision appears...more
Ransomware sublimits are a common tool cyber insurers use to manage exposure stemming from ransomware attacks. When ransomware infiltrates an insured’s system, the insured is typically faced with two costly options: pay a...more
In litigated claims, courts can lose their footing when it comes to determining the number of claims or occurrences at issue. The stakes are high. If there are multiple claims or occurrences, it could multiply available...more
The Indiana Supreme Court’s decision in Baldwin v. Standard Fire Ins. Co., 269 N.E.3d 1197 (Ind. 2025) provides clarity for insurers confronted with competing claims that exceed policy limits. In a matter of first impression,...more
A recent opinion from the Georgia Court of Appeals enforced a settlement agreement under the 2024 version of O.C.G.A. § 9-11-67.1. The underlying facts of this case arise out of a motor vehicle accident involving Abriel...more
Stacking refers to combining coverage limits across one or more insurance policies to increase the total amount available for a single covered loss. With automobile insurance, the issue of stacking arises with regard to...more
As the great thaw is underway across much of the country, Winter Storm Fern is now poised to be the most expensive weather event to hit the U.S., with economic losses estimated to surpass $100 billion....more
Many of you are likely familiar with the existing, traditional concepts of subrogation and credit rights in California’s workers compensation system as set forth in Labor Code section 3852 et seq. It’s bad enough when an...more
This is the second in a series of discussions about insurance issues unique to the Lone Star State. Both bankruptcy and the ability for a policyholder to assign its first-party, bad-faith claim against its insurer can be...more
Minimum Auto Limits Raised to $35k/$70k - Effective January 1, 2026, minimum limits for standard auto liability policies increase to $35,000 per person/$70,000 per accident for both liability and UM/UIM coverage (up from...more
Excess carriers face a unique challenge: estimating where a potentially high-value claim will end up before most of the pertinent facts have come to light. This endeavor can feel like predicting the damage a Category 5...more
California’s roads are busy, and the state’s population is constantly on the move. With millions of drivers on the highways, collisions are unfortunately common. While liability insurance is legally required, not every driver...more
In Century Surety Co. v. EC & SM Guerra, LLC, 5:23-CV-01215-XR-RBF, 2025 WL 2602288 (W.D. Tex. Aug. 21, 2025) aff’2025 WL 2598375 (Sept. 5, 2025), the United States District Court for the Western District of Texas reaffirmed...more
In Direct General Insurance Co. v. Creamer, the U.S. District Court for the Middle District of Florida determined whether the safe harbor provision of Florida Statutes section 624.155(4)(a), enacted in March 2023, applied to...more
Indiana’s Supreme Court has announced major changes to the governing standards for insurance disputes in the state. In Baldwin v. Standard Fire Ins. Co., 25S-CT-00033 (2025), the court adopted Section 26 of the Second...more
In the recent decision of Martinez v. GEICO Casualty Insurance Company, 2025 WL 2699231 (11th Cir. Sept. 23, 2025), the U.S. Court of Appeals for the Eleventh Circuit affirmed the district court’s order granting summary...more
If you get injured in a California accident, one early question that will come to mind is how much your case might be worth. Every claim is unique, but lawyers follow a structured approach when determining the possible case...more
When it comes to insurance claim practices handled in bad faith, the Golden State is an unfortunate leader. In August 2025, the Sixth Appellate District Court of California published a decision in an insurance dispute that...more
In bad faith litigation, much in a claim file may be subject to disclosure. While not as frequently contested, a Florida court recently reinforced the same holds true for a policyholder’s documents....more
In Brandt v. Superior Court, 37 Cal.3d 813, 817 (1985), the California Supreme Court recognized an insured’s right to seek recovery of attorneys’ fees incurred to compel the payment of policy benefits unreasonably withheld by...more
Picture this: a claimant has just been rear-ended by an underinsured driver. The at-fault driver’s insurance offers policy limits of $25,000, a fraction of the insured’s damages. The insured signs a release, deposits the...more