News & Analysis as of

Professional Negligence Insurance Litigation

Haight Brown & Bonesteel LLP

Evidence of Specialization Creates a Presumption that Clients will Rely on Insurance Agent/Broker’s Acknowledged Expertise

In Murray v. UPS Capital Ins. Agency, Inc. (No. 20G058353, filed 9/11/20) a California appeals court held that summary judgment should not have been granted to an insurance agency since the policyholder had raised a...more

Carlton Fields

Court Dismisses Professional Negligence Action Against Insurance Broker for Lack of Personal Jurisdiction

Carlton Fields on

Plaintiffs, former shareholders of a holding company for two New Jersey-based insurance companies, sued various affiliates of Aon Risk Services Companies alleging that Aon was negligent in failing to secure insurance coverage...more

Carlton Fields

Massachusetts High Court Upholds Consent-to-Settle Provision, Protecting Insurer Who Did Not Have the “Final Say”

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The Supreme Judicial Court of Massachusetts recently heard an appeal regarding a particularly obstinate insured, ruling that recognition of a consent-to-settle provision does not in and of itself violate an insurer’s duties...more

Carlton Fields

Missouri Appeals Court Rules That Insurer Must Pay Double Policy Limits in Medical Malpractice Claim Involving Birth Injuries

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In John Patty, D.O., LLC v. Missouri Professionals Mutual Physicians Professional Indemnity Association, No. ED106747 (Mo. Ct. App. Apr. 23, 2019), a Missouri appellate court rejected the lower court’s decision regarding...more

Carlton Fields

Financial Services & Title Insurance Update: Week Ending March 22, 2019

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Financial Services Update - FDCPA / definition of "debt collector": law firm carrying out a nonjudicial foreclosure action not a debt collector because the primary definition of a "debt collector" under sec. 1692a does not...more

Hogan Lovells

Drake, a redefining judgment on breach of mandate and contractual damages

Hogan Lovells on

In a precedent setting judgment, the Supreme Court of Appeal in Drake Flemmer & Orsmond Inc & Another v Gajjar NO [2017] ZASCA 169 (1 December 2017) pronounced on the principles applicable in respect of assessment of...more

Jaburg Wilk

Arizona Reduces Punitive Damages in Insurance Bad Faith Case Again: Arellano v. Primerica Life Insurance

Jaburg Wilk on

In Arellano v. Primerica Life Insurance Company, 235 Ariz. 371, 332 P.3d 597 (App. 2014), despite finding an insurer’s conduct moderately to highly reprehensible, the Arizona Court of Appeals recently reduced a punitive...more

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