Excess Insurance and Umbrella Coverage – New Appleman on Insurance Law Library Edition, Chapter 24

By Douglas R. Richmond, Senior Vice President, Aon Risk Services Businesses and individuals seeking liability protection have varying insurance coverage needs. One concern is the amount of coverage required to shield against potential losses. Some insureds may see the breadth of coverage as a concern...

New Appleman Insurance Bad Faith Litigation, Second Edition - § 3.06: Duties of Insurer-Selected Defense Counsel in Partial Coverage or Excess Exposure Cases, and § 3.07: Insurer Liability for Improper Defense

New Appleman Insurance Bad Faith Litigation, Second Edition is a one-volume law and practice guide that discusses the duties and obligations of insurers to their insureds, and the consequences of the insurer's breach of its duty of good faith and fair dealing. It discusses both first party and third...

Pillsbury Winthrop: Ninth Circuit Reaffirms that Insurers May be Obligated to Initiate Settlement Discussions Under California Law

By Brian Martin and Nathaniel Smith , Pillsbury Winthrop Shaw Pittman LLP Insurers frequently disclaim any duty to participate in settling a third party claim against their insureds unless and until the third party claimant makes a settlement demand for a specific amount. The Ninth Circuit Court...

Duty to Settle Requires a Willing Plaintiff – No “Bad Faith” Failure to Settle

By Barry Zalma, Attorney and Consultant In March I posted an article on the need to put a stake through the heart of the tort of bad faith . The post that follows deals with a case that supports the position I took in that post and makes me wonder why more courts don't recognize the inequity...

SNR Denton, US, LLP on Nease v. State Farm Mutual Automobile Insurance Co.: Liability Insurer May Have Duty to Hire Counsel to Advise Insured Whether to Give Statement to Claimant’s Counsel

By William T. Barker & Ronald D. Kent, Partners, SNR Denton In Nease v. State Farm Mutual Automobile Insurance Co., an excess insurance case, State Farm promptly tendered its $25,000 limits. The claimant's attorney requested a statement regarding other possible sources of recovery. The...

SNR Denton, US, LLP on Berg v. Nationwide Mutual Insurance Co.: Pennsylvania Court Finds Amount Insurer Paid to Defend Coverage Case Admissible Evidence of Bad Faith

By William T. Barker & Ronald D. Kent, Partners, SNR Denton Berg v. Nationwide Mutual Insurance Co. , 2012 PA SUPER 88, 2012 Pa. Super LEXIS 169, held that Nationwide could be held liable for bad faith in administering its auto damage direct repair program, in part based on violations of an...

Bad Faith in the Context of First-Party Insurance – New Appleman on Insurance Law Library Edition, Chapter 55

By William T. Barker, Partner, SNR Denton The insurer's duty of good faith, and the liabilities that flow from breach of that duty, play an important role in insurance law. The duty was first developed in the context of liability insurance to limit the insurer's discretion in exercising...

Utmost Good Faith – New Appleman on Insurance Law Library Edition, Chapter 76

By Barry Leigh Weissman, Partner, Edwards Wildman Palmer LLP, and Bella Shirin, Associate, SNR Denton US LLP Chapter 76 discusses the role of utmost good faith in reinsurance transactions and dispute resolution. Section 76.01 explains how the English doctrine of uberrimae fidei , first discussed...

Reinsurance Dispute Resolution – New Appleman on Insurance Law Library Edition, Chapter 77

By David A. Attisani and Ethan V. Torrey, Partners, Choate, Hall & Stewart LLP Fair, efficient, and reliable dispute resolution procedures are vital to protect the rights and clarify the duties of parties arising under reinsurance contracts. This chapter provides a broad overview of reinsurance...