Insurance Law

Recent Posts

The Importance of Proof of Mailing: If Premium Not Paid, Policy Cancelled
Posted on 12 Jun 2014 by Barry Zalma

Insurance is, by definition, a contract whereby the insurer, for consideration, agrees to defend or indemnify another against a contingent or unknown risk. For an insurance policy to exist, therefore, the person insured must pay the premium (the consideration... Read More

CaseWatch: Insurance – Decisions from The Insurance and Reinsurance Report – January 3, 2011
Posted on 25 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

Insurer Between a Rock and a Hard Case: Limits Demand That Does Not Release All Insureds
Posted on 16 Nov 2015 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

CaseWatch: Insurance - Decisions from The Insurance and Reinsurance Report - April 21, 2011
Posted on 2 May 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. Additional Insured Boatwright v. Penn-Ohio Logistics 2011 Ohio 1006 [ Lexis.com / LexisONE... Read More

Goldberg Segalla's Professional Liability Monthly - April 2011
Posted on 2 May 2011 by Sharon Angelino, Brian Biggie and Richard Cohen

Lexis.com subscribers may access the enhanced versions of the cases below. Non-subscribers may access the free, unenhanced versions on lexisONE , if available. I. Directors and Officers BRYAN BROS., INC. v. CONTINENTAL CASUALTY CO. (4th Cir. March... Read More

California Court of Appeal Allows Insured to Sue Adjuster Personally for Negligent Misrepresentation and Intentional Infliction of Emotional Distress
Posted on 16 Apr 2014 by Andrew B. Downs

By Andrew B. Downs Even though California courts have consistently recognized that employees of insurance companies are not parties to the insurance contract, and thus they cannot be held personally liable for breach of contract or for "bad... Read More

Hornberger v. Seymour: Insurer May Retain Defense Counsel Even If Insured Can’t Be Located
Posted on 16 Dec 2010 by William T. Barker

By William Barker, Partner, SNR Denton, LLP From time to time, insurers and defense counsel face the problem of an insured who can’t be located. If the insured can’t be found when the lawsuit is filed, there can be a real question whether... Read More

Maryland Defendants Can Recover Attorneys' Fees Paid by Insurance Company
Posted on 11 Nov 2013 by Ballard Spahr LLP

by Robert A. Scott Litigants that have been forced to defend groundless litigation are entitled to recover their attorneys' fees even if those costs were paid by an insurance company, Maryland's highest court has ruled. In Worsham v.... Read More

Chapter Abstract for New Appleman Insurance Bad Faith Litigation, Second Edition: Chapter 8 Defenses to Bad Faith Claims
Posted on 8 Jun 2010 by William T. Barker

By William T. Barker, Partner, SNR Denton Chapter 8 addresses defenses which insurers might assert in addition to their attempts to negate insureds’ claims that the insurer breached contractual duties ordinarily imposed as part of the duty of... Read More

Bad Faith in the Context of First-Party Insurance – New Appleman on Insurance Law Library Edition, Chapter 55
Posted on 23 Jul 2012 by William T. Barker

By William T. Barker, Partner, SNR Denton The insurer's duty of good faith, and the liabilities that flow from breach of that duty, play an important role in insurance law. The duty was first developed in the context of liability insurance to... Read More

Bad Faith in Liability Insurance - New Appleman on Insurance Law Library Edition, Chapter 23
Posted on 11 Aug 2010 by LexisNexis Insurance Law Newsroom Staff

Chapter 23 begins by recounting the origins of a liability insurer's duty to protect its insured from exposure to a judgment in excess of limits by settling within limits. The fact that the insurer's duty to indemnify extends only to a limited... Read More

The New 2013 Publication Update of New Appleman Insurance Law Practice Guide Arrives in November
Posted on 18 Oct 2012 by LexisNexis Insurance Law Newsroom Staff

The 2013 Publication Update of New Appleman Insurance Law Practice Guide Features: • New Practice Commentary Throughout the Publication by Members of the Appleman Editorial Board • Revision of 10 Chapters • Case Updates Throughout... Read More

Legislative Approaches to Bad Faith Litigation-New Appleman Insurance Bad Faith Litigation-Chapter 10
Posted on 14 Jun 2010 by William T. Barker

By William T. Barker, Partner, SNR Denton Chapter 10 reviews the role of statutes in insurance bad faith litigation. Such litigation has been primarily a creature of the common law. But state insurance regulators also developed model statutes prohibiting... Read More

No Good Deed Goes Unpunished: Negligence of Adjuster Not Basis for Bad Faith
Posted on 4 Sep 2014 by Barry Zalma

Insurance adjusters are people knowledgeable in insurance retained by an insurer for the purpose of assisting the insured in proving a loss to the insurer. A person who expresses to the insured the fidelity and good faith of the insurer. The adjuster... 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