Insurance Law

Recent Posts

SNR Denton on Genovese v. Provident Life & Accident Insurance Co.: Florida Upholds Insurer’s Attorney-Client Privilege in Bad Faith Cases
Posted on 20 Apr 2011 by William T. Barker and Ronald D. Kent

By William T. Barker & Ronald D. Kent, Partners, SNR Denton Florida law on attorney-client privilege in bad faith cases has been in doubt, after the Florida Supreme Court made a false start and a change of direction. Other courts have disagreed... Read More

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

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

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 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

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