Insurance Law

Recent Posts

LexisNexis Author William T. Barker To Speak at 1st Annual Bad Faith Litigation Strategies ExecuSummit on "Recent Developments in Third-Party Bad Faith: The American Law Institute Principles of the Law of Liability Insurance."
Posted on 14 Oct 2014 by William T. Barker

On November 4, 2014, LexisNexis author William T. Barker will speak at the 1st Annual Bad Faith Litigation Strategies ExecuSummit on "Recent Developments in Third-Party Bad Faith: The American Law Institute Principles of the Law of Liability Insurance... Read More

SNR Denton on Reasonableness of Insurer’s Delay in Offering Policy Limits Is Question of Fact: Allstate Insurance Co. v. Herron
Posted on 9 Jun 2011 by Ronald D. Kent

By Ronald D. Kent, Partner, SNR Denton In Allstate Insurance Co. v. Herron, [1] Allstate had offered its policy limits, but not until after expiration of a time-limit demand. A jury found that Allstate had acted reasonably, and the Ninth Circuit affirmed... Read More

Wisconsin Appeals Court Puts The End In Defend: Insurer Can Settle The Only Covered Claim And Then Withdraw From The Defense
Posted on 5 Jul 2012 by Randy J. Maniloff

Randy J. Maniloff, White and Williams, LLP Overture, curtain, lights! This is it. We'll hit the heights! And oh, what heights we'll hit! On with the show, this is it! Consider this - An insurer is defending its insured in a case that has... Read More

SNR Denton LLP on Jones v. Farmers Insurance Exchange: Whether Insurer's Position Is Fairly Debatable Not Always Susceptible to Summary Judgment
Posted on 3 Dec 2012 by William T. Barker

By William T. Barker, Partner, SNR Denton LLP In Jones v. Farmers Insurance Exchange, the Utah Supreme Court held that the district court had erred in granting summary judgment that the insurer's denial of coverage was "fairly debatable"... Read More

SNR Denton LLP on Lennar Corp. v. Transamerica Insurance Co.: Whither Bad Faith in Arizona?
Posted on 15 Sep 2012 by William T. Barker and Ronald D. Kent

By William T. Barker & Ronald D. Kent, Partners, SNR Denton This commentary examines a potentially pivotal court decision in the law of bad faith and its implications. The Arizona Court of Appeals in Lennar Corp. v. Transamerica Insurance Co... Read More

Recent Developments in California Bad Faith Law and Related Trends
Posted on 29 Sep 2014 by Tyler C. Gerking

By Tyler Gerking On July 29, 2014, I spoke on a panel about recent developments in California bad faith law and related trends. My co-presenter was Robert K. Scott of The Law Offices of Robert K. Scott, and we gave the presentation at ACI’s 28th... Read More

Dentons on Consequences of Inadequate Reservation of Rights
Posted on 15 Dec 2014 by William T. Barker

By William T. Barker, Partner, Dentons US LLP In Advantage Buildings & Exteriors, Inc. v. Mid-Continent Casualty Co., 2014 Mo. App. LEXIS 975 (Sept. 2, 2014), the court recognized that there was no coverage, but still held the insurer liable... Read More

SNR Denton on Buhmeyer v. Case New Holland, Inc. and Niver v. Travelers Indemnity Co.,: Punitive Damages for Insurance Bad Faith in Iowa
Posted on 20 Aug 2008 by William T. Barker and Robert C. Johnson

Two Iowa federal district courts have expressed differing views on the level of culpability that must be demonstrated to submit a punitive damages claim to a jury in an insurance bad faith case. Buhmeyer v. Case New Holland, Inc., 446 F. Supp. 2d 1035... Read More

Tags: Bad Faith

American Bar Association Litigation Section Insurance Coverage Litigation Committee Mid-Winter Meeting
Posted on 14 Apr 2011 by William T. Barker

By William T. Barker, Partner, SNR Denton This meeting occurred in Tucson, Arizona, March 2-5, 2011, and was attended by over 350 registrants from both sides of the coverage bar (and some judges, professors, mediators, and providers of litigation... Read More

Supreme Court Allows Excess Insurer’s Bad Faith Claim Against Primary
Posted on 4 Aug 2015 by Randy J. Maniloff

Tapas: Small Dishes of Insurance Coverage News & Notes The Supreme Court of Hawaii held that “an excess liability insurer can bring a cause of action, under the doctrine of equitable subrogation, against a primary liability insurer who... Read More

Insurance Bad Faith - Minnesota Takes a Step in the Right Direction
Posted on 16 Apr 2008 by Barry Zalma

In a move that will stick in the craw of the plaintiffs'' bar and stop most claims of bad-faith, improve the availability and price of insurance in Minnesota, and take the profit motive out of insurance claims, Minnesota lawmakers approved a bill... Read More

Tags: Bad Faith

No Coverage – No Suit Against Insurer: Insurer May Litigate Coverage Dispute
Posted on 8 Jan 2015 by Barry Zalma

In Quihuis v. State Farm Mut. Auto. Ins. Co ., — Fed.Appx. —-, 2014 U.S. App. LEXIS 24449 (C.A.9 (Ariz.) 12/24/14), [ enhanced version available to lexis.com subscribers ], the Ninth Circuit Court of Appeal, tracking Arizona law, was asked... Read More

SNR Denton on Doherty v. Merchants Mutual Insurance Co.: When Is Bad Faith Failure To Settle a Jury Question in New York?
Posted on 29 Mar 2011 by SNR Denton

By William T. Barker & Justin N. Kattan In Doherty v. Merchants Mutual Insurance Co. , [1] a sharply divided Appellate Division affirmed summary judgment for an insurer on bad faith failure to settle. If followed, this would arguably raise the... Read More

Ten Most Significant Insurance Coverage Decisions Of 2014 – Supreme Court Awards the Entire Kitchen For Insurer’s Breach Of the Duty To Defend
Posted on 19 Dec 2014 by Randy J. Maniloff

If an insurer is determined to have breached the duty to defend, consequences will attach. It may be that the insurer must pay for the defense costs that it otherwise owed. Or the consequences may be much harsher – the insurer may lose the right... Read More