Bad Faith in Liability Insurance - New Appleman on Insurance Law Library Edition, Chapter 23

Chapter 23 begins by recounting the origins of a liability insurer's duty to protect its insured from exposure to a judgment in excess of limits by settling within limits. The fact that the insurer's duty to indemnify extends only to a limited amount creates a well-known conflict of interest...

Dead Soldiers' Parents Sue Insurer Over Benefits

SPRINGFIELD, Mass. - (AP) The parents of six deceased U.S. soldiers accuse Prudential Financial of paying paltry interest on military life insurance benefits and keeping more generous interest earnings for itself. Five plaintiffs joined the original plaintiff Monday in a lawsuit that was filed in...

Ashkenazi v. AXA Equitable Life – Policies Procured by Fraud

By Stephan Leimberg and Howard Zaritsky "life insurance is designed to replace or preserve wealth or income that is lost due to an insured's death, rather than create wealth or income." Ashkenazi v AXA Equit. Life Ins. Co., 2009 NY Slip Op 33111U (N.Y. Sup. Ct. Dec. 16, 2009) , provides...

SNR Denton on Sanderson v. American Family Insurance Co.: “Fair Debatability” Not Threshold Defense in Colorado?

By William T. Barker & Ronald D. Kent, Partners, SNR Denton Sanderson v. American Family Insurance Co. [1] affirmed summary judgment for an insurer on bad faith, but asserted that the fact that the claim was “fairly debatable” was not (as the trial court had thought) a threshold defense...

Revisiting the Three Rs: Risks, Rewards, and Rescission

By Mary McCutcheon and Amanda Hairston, Attorneys, Farella Braun + Martel LLP In their article appearing in the May/June 2011 issue of Coverage , "Revisiting the Three Rs: Risks, Rewards, and Rescission," Mary McCutcheon and Amanda Hairston observe that insurers' claims that they are...

U.S. Supreme Court Denies Insurer's Motion To Stay Reinstated $92.9 Million Judgment

WASHINGTON, D.C. - (Mealey's) The U.S. Supreme Court on Jan. 31 denied an insurer's motion to stay pending the filing and disposition of a petition for a writ of certiorari of a $92.9 million judgment that was reinstated against it in a class action lawsuit arising from hurricanes Katrina and...

Receivership – New Appleman on Insurance Law Library Edition, Chapter 99

By Douglas Hertlein Abstract * * * Chapter 99 analyzes all forms of insurer receiverships. When a commissioner’s regulatory powers, including the power to issue supervision orders, prove to be insufficient to address financial or other operational difficulties of an insurer, state law...

Rehabilitation Of Insurers – New Appleman on Insurance Law Library Edition, Chapter 100

By Patrick H. Cantilo, Mark F. Bennett, Arati Bhattacharya Abstract *** This chapter addresses the rehabilitation of insurers. In general, upon the advent of receivership proceedings (for purposes of this chapter, any proceeding through which state insurance regulatory officials or their...

Liquidation – New Appleman on Insurance Law Library Edition, Chapter 101

By Katherine Billingham Abstract Liquidation of an insurance company is the equivalent of a Chapter 7 bankruptcy and is the remedy of last resort for an insurer in financial difficulty. This chapter examines the timing, purpose and grounds for liquidation, as well as the process of the liquidation...

Consequences of Insurer Insolvency – New Appleman on Insurance Law Library Edition, Chapter 102

By Bruce Baty and Jodi Adolf Abstract * * * Chapter 102 discusses the consequences of an insurer insolvency for the policyholders, agents, excess insurers and reinsurers of the insolvent insurer. The chapter begins in Section 102.01 with a general discussion of the liquidation process...

Insurance as an Asset in the Estate – New Appleman on Insurance Law Library Edition, Chapter 108

By Susan N. K. Gummow Abstract *** Having reviewed the basic elements and concepts of bankruptcy law in Chapter 107 above, Chapter 108 focuses on how insurance functions as an asset of the debtor’s bankruptcy estate. Section 108.01 begins by examining the relationship between the...

Impact Of Bankruptcy On Insurance Matters – New Appleman on Insurance Law Library Edition, Chapter 109

Abstract *** Having considered the bankruptcy process generally in Chapter 107 and undertaken an inquiry into how insurance functions as an asset of the bankruptcy estate in Chapter 108 above, this chapter turns to the impact of bankruptcy on insurance-related matters and addresses issues that...

Bankruptcy Issues Arising For Specific Kinds of Insurance – New Appleman on Insurance Law Library Edition, Chapter 110

By James M. Lawniczak Abstract *** Chapter 110 covers insurance issues that often arise in federal bankruptcy cases. Due to their nature, certain types of insurance policies are implicated more often in bankruptcy proceedings than others. For example, probably the most discussed type of insurance...