Insurance Law

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Dentons on Taylor v. Allstate Insurance Co.: When Is a Texas Liability Insurer Liable for Inadequate Defense of a Case?
Posted on 28 Jul 2014 by William T. Barker

In Taylor v. Allstate Insurance Co.,[1] a Texas court of appeals held that the only common-law tort causes of action available against a liability insurer for allegedly inadequate defense of its insured are breach of contract and a Stowers[2] (failure... 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

Ten Most Significant Insurance Coverage Decisions Of 2013 – Alaska Supreme Court: Demand To Settle For Limits, But Not For All Insureds, Insurer Between A Rock And A Hard Case
Posted on 6 Jan 2014 by Randy J. Maniloff

It is the proverbial “damned if you do and damned if you don’t” situation for insurers. An insurer is presented with a policy limits demand to settle for one insured – and it should be accepted based on liability and damages considerations... Read More

"Non-Trivial Probability" of Excess Judgment Obligates Insurer to Pay for Independent Defense Counsel
Posted on 17 Jul 2014 by Neal Gerber Eisenberg

The court in Perma-Pipe, Inc. v. Liberty Surplus Insurance Corporation , Case No. 13 C 2989, 2014 U.S. Dist. LEXIS 54867 (N.D. Ill. April 21, 2014), [ enhanced version available to subscribers ], held that a CGL insurer breached its duty to... 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

Insured Not Required to Plead Existence of a Within-Limits Settlement Demand in Order to State a Claim for Bad Faith Failure to Settle
Posted on 11 Dec 2015 by Troutman Sanders

In Aspen Specialty Ins. Co. v. Willis Allen Real Estate , the district court denied a liability carrier’s motion to dismiss an insured’s bad faith claim for failure to effectuate a settlement within policy limits despite the fact that the... Read More

Ten Most Significant Insurance Coverage Decisions Of 2013 – California Appeals Court: No Bad Faith For Insurer’s Failure To Attempt To Settle When There Is No Demand
Posted on 17 Jan 2014 by Randy J. Maniloff

Talk of bad faith among coverage folks often centers around whether an insurer’s interpretation of a policy could constitute bad faith. However, given how high the burden is for an insured to prove bad faith, it is usually very difficult to do so... Read More

Insurer’s Duty to Defend Did Not Arise until Insurer Was Provided with All Necessary Information to Determine the Existence of Coverage
Posted on 26 Aug 2015 by Troutman Sanders

Carrier’s Right to Control the Defense Includes the Right to Appoint Counsel of Its Choosing and to Settle Claims without the Participation of the Insured Travelers Prop. Cas. Co. of Am. v. Kaufman & Broad Monterey Bay, Inc ., 2015 U.S. Dist... Read More

In Nevada, Liability Insurer Cannot Exhaust Policy Before Judgment by Interpleading Funds
Posted on 19 Jul 2011 by Andrew B. Downs

By Andrew B. Downs , Partner, Bullivant Houser Bailey PC Last week, the Nevada Supreme Court joined California and some other states in holding that a liability insurer may not interplead its policy limits before a final judgment is entered against... Read More

Another Item For Your Checklist: The Bad Faith Concerns Related To Overreaching Proposed Releases
Posted on 14 May 2014 by Mealeys

By David A. Mercer A common scenario: claimant's counsel issues a time limit demand for policy limits and the insurer decides to accept the demand and tender the limits. Once the decision is made to accept the demand, the insurer should go through... Read More