SNR Denton on In re Professionals Direct Insurance Co.: The Sixth Circuit Interprets Boone v. Vanliner

In re Professionals Direct Insurance Co., 578 F.3d 432 (6 th Cir. 2009), passed on the scope of Ohio’s uniquely constricted attorney-client privilege for insurance companies in bad faith cases, as well as on the scope of federal work product protection, finding no clear error in the magistrate’s...

SNR Denton on Is There a Right To Jury Trial in a Bad Faith Failure To Settle Case: Wood v. New Jersey Manufacturers Insurance Co.

By William T. Barker, Partner, SNR Denton In Wood v. New Jersey Manufacturers Insurance Co. the New Jersey Supreme Court, addressing a little-litigated issue, held that there is a right to jury trial in a bad faith failure to settle case. [1] This commentary examines that holding. NJM insured...

SNR Denton on Toughened Federal Pleading Rules Apply to Conclusory Allegations of Bad Faith: Luna v. Nationwide Property & Casualty Insurance Co.

By William T. Barker & Ronald D. Kent, Partners, SNR Denton The Supreme Court has recently toughened federal pleading requirements, but those are usually thought of as impacting cases involving such subjects as securities fraud and antitrust, where the defendant has control of much relevant factual...

Highlights of the Summer 2011 Issue of New Appleman on Insurance: Current Critical Issues in Insurance Law (shipping early September)

The Summer 2011 Issue of New Appleman on Insurance: Current Critical Issues in Insurance Law features three timely articles on the frontiers of insurance coverage disputes: Advice of Counsel and Insurance Bad Faith: Current Contours and Criticisms (by Douglas R. Richmond of Aon's Global Professions...

Insured vs. Insured on Same Policy Is 1st-Party Claimant

By William T. Barker, Partner, SNR Denton In Loudin v. National Liability & Fire Insurance Co. , 716 S.E.2d 696 (W. Va. 2011), the West Virginia Supreme Court held that policyholder making a liability claim against another insured on the policy is a first-party claimant, entitled to sue for allegedly...

SNR Denton on Texas Mutual Insurance Co. v. Ruttiger: Texas Limits Extracontractual Claims Regarding Workers Compensation Benefits

By William T. Barker, Partner, SNR Denton In Texas Mutual Insurance Co. v. Ruttiger ,[1] the Texas Supreme Court limited the estracontractual claims available to injured workers regarding payment of workers compensation benefits and foreshadowed the likely elimination of those remedies. This commentary...

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...

SNR Denton on Kartman v. State Farm: Claim Handling Class Actions and Bad Faith Without Coverage Take Another Hit

By William T. Barker, Partner, SNR Denton In Kartman v. State Farm Mutual Automobile Insurance Co. [1], the Seventh Circuit reversed certification of a class action for allegedly improper adjustment of claims for hailstorm damage to insureds' roofs. In the process, it added weight to the already...

General Principles and Introductory Matters In Motor Vehicle Insurance Law – New Appleman on Insurance Law Library Edition, Chapter 61

By Christopher J. Robinette, Associate Professor at the Widener University School of Law Chapter 61 provides an overview of automobile insurance law in the United States, including many matters that will be covered in greater detail in subsequent chapters. The goal in this chapter is to orient the...

SNR Denton on Nevels v. Deerbrook Insurance Co.: Expert Opinion in Bad Faith Case Admissible Only to Extent of Proper Basis

By William T. Barker, Partner, SNR Denton In Nevels v. Deerbrook Insurance Co., the court held an expert could testify that the insurer should have sooner offered the policy limit, but would not be permitted to testify that failure to do so was bad faith or on what a jury would have awarded. This commentary...

SNR Denton on Oubre v. Citizens Insurance Co.: Louisiana Supreme Court Clarifies Penalty Statutes

By William T. Barker, Partner, SNR Denton In Oubre v. Citizens Insurance Co., a divided Louisiana Supreme Court resolved a split in the courts of appeals by holding that the statutory penalty for an insurer's failure to timely initiate loss adjustment may be assessed without any showing that...

SNR Denton on DeMarco v. Travelers Insurance Co.: Insurer Faced with Multiple Claims Exceeding Policy Limits Must Seek to Minimize Insured’s Financial Exposure

By William T. Barker, Partner, SNR Denton DeMarco v. Travelers Insurance Co. applied Rhode Island's unique standard for an insurer's duty to settle to multiple claims exceeding limits. In doing so, it adopted the minority rule that such an insurer must seek to minimize insured's financial...

SNR Denton on James River Insurance Co v. Rapid Funding, Inc.: Inadmissible Expert Opinions May Not Be Presented as Lay Opinions

By William T. Barker, Partner, SNR Denton Expert opinions are admissible only if they satisfy usually stringent standards. But lay opinions are admissible in some circumstances. In James River Insurance Co v. Rapid Funding, Inc., 658 F.3d 1207 (10th Cir. 2011), an insurance bad faith case, the...

Med Pay Is For Benefit Of Injured

By Barry Zalma, Attorney and Consultant Patricia Meleski appealed a trial court's non-final order dismissing on summary judgment her bad-faith claims against Partners Mutual Insurance Company. In Patricia Meleski v. Schbohm LLC and Partners Mutual Insurance Company , No. 2010AP2951 (Wis.App. 05...

SNR Denton on Seventh Circuit Holds That Where Policy Language Was Not Clear, Insurer Had Duty to Defend Even Though Self-Insured Retention (SIR) Was Not Exhausted; Denial of Defense Was Vexatious

By William T. Barker, Partner, SNR Denton Ordinarily, when a liability policy has a self-insured retention ("SIR"), the insurer's duty to defend does not attach until the SIR is exhausted. But, in American Safety Casualty Insurance Co. v. City of Waukegan, 2012 U.S. App. LEXIS 5496...

Mold: A Comprehensive Survey Of Defense Strategies, Coverage Exclusions, And Liability Implications Across The U.S.

By Thomas F. Segalla Andrew J. Scholz Matthew R. Shindell Matthew D. Cabral ( Complete version of commentary with tables available to download here ) I. Introduction Nearly three decades have passed since the first mold cases made national headlines with reports of million-dollar verdicts, and yet it...

Dentons on What Does Kentucky Require To Find Failure to Pay in Good Faith?

Kentucky requires insurers to pay amounts clearly due. Under Wittmer v. Jones [ enhanced version available to lexis.com subscribers ], to create a jury question, “there must be sufficient evidence of intentional misconduct or reckless disregard of the rights of an insured or a claimant to warrant...

Recent Cases Discussing The Advice Of Counsel Defense: The Good, The Bad, And The Discovery

By David A. Mercer Introduction The gravamen of a third-party claim of bad faith is that the insurer failed to settle a claim against an insured when it had the opportunity to do so.1 The essence of the claim is that the insurer acted solely on the basis of its own interests, failed to properly...

West Virginia Reviews Attorney-Client Privilege in Insurer/Coverage Counsel Extra-Contractual Claims

By Mark G. Jeffries, Associate On April 10, 2014, the West Virginia Supreme Court of Appeals held in State ex rel. Montpelier U.S. Ins. Co. and Charleston, Revich & Wollitz LLP that the attorney-client privilege protects confidential communications between an insurer and its coverage counsel...