Insurance Law

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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 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 Is There a Right To Jury Trial in a Bad Faith Failure To Settle Case: Wood v. New Jersey Manufacturers Insurance Co.
Posted on 11 Jul 2011 by William T. Barker

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... 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

Recent Cases Discussing The Advice Of Counsel Defense: The Good, The Bad, And The Discovery
Posted on 10 Feb 2014 by Mealeys

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... Read More

SNR Denton on Texas Mutual Insurance Co. v. Ruttiger: Texas Limits Extracontractual Claims Regarding Workers Compensation Benefits
Posted on 20 Dec 2011 by William T. Barker

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... Read More

Dentons on What Does Kentucky Require To Find Failure to Pay in Good Faith?
Posted on 7 Jan 2014 by LexisNexis Insurance Law Newsroom Staff

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... Read More

SNR Denton on Kartman v. State Farm: Claim Handling Class Actions and Bad Faith Without Coverage Take Another Hit
Posted on 6 Jan 2012 by William T. Barker

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'... Read More