Insurance Law

Recent Posts

SNR Denton on Toughened Federal Pleading Rules Apply to Conclusory Allegations of Bad Faith: Luna v. Nationwide Property & Casualty Insurance Co.
Posted on 1 Aug 2011 by William T. Barker and Ronald D. Kent

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,... 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

SNR Denton on James River Insurance Co v. Rapid Funding, Inc.: Inadmissible Expert Opinions May Not Be Presented as Lay Opinions
Posted on 3 Mar 2012 by William T. Barker

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 ... Read More

SNR Denton on Oubre v. Citizens Insurance Co.: Louisiana Supreme Court Clarifies Penalty Statutes
Posted on 21 Feb 2012 by William T. Barker

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... Read More

SNR Denton on Fred Shearer & Sons, Inc. v. Gemini Insurance Co.: Oregon Allows Use of Extrinsic Evidence To Determine Whether a Defendant is Insured
Posted on 27 Dec 2011 by William T. Barker and Ronald D. Kent

By William T. Barker & Ronald D. Kent, Partners, SNR Denton An insurer's duty to defend is usually determined based on the facts alleged within the four corners of the complaint against the insured. Various jurisdictions allow or require consideration... Read More

SNR Denton on National Surety Corp. v. Hartford Casualty Insurance Co.: No Insurer Liability for Failure To Settle Absent Outrageous Conduct
Posted on 20 Dec 2012 by William T. Barker

By William T. Barker, Partner, SNR Denton LLP At one time, Kentucky held that an insurer would be liable to its insured for an excess judgment if the insurer's failure to settle exposed the insured to an unreasonable risk of such a judgment... Read More

SNR Denton on Nevels v. Deerbrook Insurance Co.: Expert Opinion in Bad Faith Case Admissible Only to Extent of Proper Basis
Posted on 15 Feb 2012 by William T. Barker

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... Read More

SNR Denton US LLP on Does Pennsylvania Law Impose Liability for Bad Faith Without a Duty to Provide Coverage?
Posted on 6 Nov 2012 by William T. Barker and Ronald D. Kent

By William T. Barker & Ronald D. Kent, Partners, SNR Denton In Post v. St. Paul Travelers Insurance Co., 691 F.3d 500 (3d Cir. 2012), the Third Circuit, discussing a prior, nonprecedential Third Circuit case, Gallatin Fuels, Inc. v. Westchester... Read More

SNR Denton on Lease Crutcher Lewis WA, LLC v. National Union Fire Insurance Co.: Failure To Honor the Made-Whole Rule Can Be Bad Faith
Posted on 23 Dec 2010 by William T. Barker

By William T. Barker, Partner, SNR Denton An insurer normally has subrogation or reimbursement rights when the losses it has paid are recoverable from a third party, but typically these rights are qualified by a requirement that its insured must be... Read More

SNR Denton LLP on Pedicini v. Life Insurance Co. of Alabama: Insurer Acted in Bad Faith by Refusing To Recognize Ambiguity of Policy Language
Posted on 13 Nov 2012 by William T. Barker and Ronald D. Kent

By William T. Barker & Ronald D. Kent, Partners, SNR Denton In Pedicini v. Life Insurance Co. of Alabama, 682 F.3d 522 (6th Cir. 2012), the Sixth Circuit held that the relevant language in a medical insurance policy was ambiguous and further... Read More