Insurance Law

Recent Posts

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

The Eastern District of California Holds That A Carrier May Have An Affirmative Duty To Attempt to Settle A Claim Against The Insured When It Is Presented With A Reasonable Settlement Opportunity
Posted on 8 Apr 2014 by Troutman Sanders

Travelers Indem. of Conn. v. Arch Specialty Ins. Co. , 2013 U.S. Dist. LEXIS 169453 (E.D. Cal. Nov. 26, 2013) [ enhanced version available to lexis.com subscribers ] In Travelers , the district court concluded that the carrier must act in good faith... Read More

Pillsbury Winthrop: Ninth Circuit Reaffirms that Insurers May be Obligated to Initiate Settlement Discussions Under California Law
Posted on 18 Jun 2012 by LexisNexis Insurance Law Newsroom Staff

By Brian Martin and Nathaniel Smith , Pillsbury Winthrop Shaw Pittman LLP Insurers frequently disclaim any duty to participate in settling a third party claim against their insureds unless and until the third party claimant makes a settlement demand... Read More

Duty to Settle Requires a Willing Plaintiff – No “Bad Faith” Failure to Settle
Posted on 5 Jul 2012 by Barry Zalma

By Barry Zalma, Attorney and Consultant In March I posted an article on the need to put a stake through the heart of the tort of bad faith . The post that follows deals with a case that supports the position I took in that post and makes me wonder... Read More