Insurance Law

Recent Posts

Judge: Decision To Deny Coverage Was Not In Bad Faith, Did Not Violate Washington’s Insurance Fair Conduct Act
Posted on 22 Feb 2009 by Jennifer Hans

SEATTLE, Wash. -- An insurer's coverage denial was founded on its claims investigator's opinion on the cause of the loss, the cause cited is specifically excluded by the policy and the insurer's denial cites the policy exclusion; therefore... Read More

Tags: Bad Faith

Oregon High Court Rules 4-To-1 Is Maximum Punitive Award Allowed Against Insurer
Posted on 7 Mar 2008 by Jennifer Hans

The Oregon Supreme Court yesterday affirmed that a $20 million punitive damages verdict against Farmers Insurance Company of Oregon is excessive but found that the case "fully justifies the highest permisible award, viz., an award tht is four times... Read More

Tags: Bad Faith

CaseWatch: Insurance – Decisions from The Insurance and Reinsurance Report – January 3, 2011
Posted on 21 Jan 2011 by Daniel W. Gerber and Sarah J. Delaney

Lexis.com subscribers may access the enhanced versions of the cases above. Non-subscribers may access the free, unenhanced versions on lexisONE , if available. Actions & Proceedings State Farm Mut. Auto. Ins. Co. v. Patterson 7 A.3d 454... Read More

Actual Cash Value v. Replacement Cost Value Related To California Wildfires
Posted on 6 Nov 2007 by Jennifer Hans

On Oct. 29, the Second District California Court of Appeals reversed a $197,939 economic damages award awarded to victims of the October 2003 California wildfires in Larry Stone, et al. v. Fidelity National Ins. Co. , finding that the trial court erred... Read More

Tags: Bad Faith

CaseWatch: Insurance – Decisions from The Insurance and Reinsurance Report – March 26, 2010
Posted on 20 Apr 2010 by Daniel W. Gerber and Sarah J. Delaney

Focus Case: Policy Conditions By Sarah J. Delaney Arkansas Reaffirms Its Status as a No-Prejudice State Fireman's Fund Insurance Company v. Care Management, Inc. 2010 Ark. 110 [ lexis.com / lexisONE ] (March 4, 2010) The Supreme Court of Arkansas... Read More

Wisconsin Appeals Court Puts The End In Defend: Insurer Can Settle The Only Covered Claim And Then Withdraw From The Defense
Posted on 5 Jul 2012 by Randy J. Maniloff

Randy J. Maniloff, White and Williams, LLP Overture, curtain, lights! This is it. We'll hit the heights! And oh, what heights we'll hit! On with the show, this is it! Consider this - An insurer is defending its insured in a case that... Read More

Frivolous Claim: The Need For Bad Faith Legislation
Posted on 2 Sep 2010 by Randy J. Maniloff

By Randy Maniloff, Partner, White and Williams LLP Binding Authority doesn’t do much with Bad Faith. Of course not – because it doesn’t exist. Actually, bad faith receives a disproportionate share of attention, compared to... Read More

CaseWatch: Insurance – Decisions from The Insurance and Reinsurance Report – March 18, 2010
Posted on 14 Apr 2010 by Daniel W. Gerber and Sarah J. Delaney

Focus Case: Actions and Proceedings By Sarah J. Delaney Supreme Court of Pennsylvania to Hear Important Attorney-Client Privilege Case Gillard v. AIG Insurance 2010 Pa. LEXIS 458 [ lexis.com ] (Penn. S. Ct. March 16, 2010) The Supreme Court of Pennsylvania... Read More

New Jersey Judge Denies Motion For Bench Trial On Bad Faith Claim
Posted on 2 Sep 2008 by Jennifer Hans

Judge Bill Mathesius of the Mercer County, N.J., Superior Court on Aug. 22 denied without prejudice motions by TIG Insurance Co., Transamerica Corp. and Pyramid Insurance Co. for a bench trial on IMO Industries Inc.'s bad faith and other tort claims... Read More

Tags: Bad Faith

Bad Faith: A Year In Review 2008
Posted on 27 Feb 2009 by Jennifer Hans

As the Insurance Law Center's monthly focus on Bad Faith comes to an end, I'd like to spotlight Mealey's Insurance Bad Faith's upcoming two-part commentary series, A Year In Review, which publishes this time of year, every year. The... Read More

Tags: Bad Faith

Bill Requiring Attorney Fees Award For Bad Faith Liability Introduced Into Tennessee House
Posted on 30 Jan 2008 by Jennifer Hans

House Bill 2826 was introduced to the Tennessee House of Representatives on Jan. 16. If passed, the bill would require an attorney fees award if an insurer is found liable for bad faith failure to pay promptly or for violation of the Tennessee Consumer... Read More

Tags: Bad Faith

Pennsylvania's Senate Bill 745
Posted on 31 Aug 2007 by Jennifer Hans

If enacted, Pennsylvania's Senate Bill 745 would make the jury, and not the judge, the finder of the existence of bad faith, as well as the imposer of the appropriate statutory penalties. In "Pennsylvania Bad Faith and the Road Not Taken"... Read More

Tags: Bad Faith

SNR Denton on Butler v. First Acceptance Insurance Co.: Lawyer Cannot Testify as Expert in Bad Faith Case Where Lawyer’s Background Is Not Relevant To Issues in Case
Posted on 23 Jul 2010 by Ronald D. Kent

By Ronald D. Kent, Partner, SNR Denton Butler v. First Acceptance Insurance Co., 652 F. Supp. 2d 1264 (N.D. Ga. 2009), concerns an insurer’s duty to settle. Butler received what his lawyer regarded as an inadequate response to a time-limit... Read More

New York Court of Appeals Alters its Standard-Allows for Consequential Damages in First-Party Bad Faith Claim
Posted on 25 Feb 2008 by Jeffrey L. Kingsley

The standard for a first-party bad-faith claim in New York was perhaps significantly and permanently altered on February 19, 2008 with the Court of Appeals' decisions in Panasia Estates v. Hudson Insurance Company and Bi-Economy Market v. Harleysville... Read More

Tags: Bad Faith

Comic Relief From Examinations Under Oath
Posted on 19 Mar 2008 by Jennifer Hans

I have to admit, I got such a kick out of John J. Pappas "From Beautiful Brazilians to Bear-Catchers" commentary that was featured in yesterday's issue of Insurance Bad Faith. I am a journalist, not a lawyer; so I just write about litigation... Read More

Tags: Bad Faith