Insurance Law

Recent Posts

The Target Data Breach: Settlement Data Suffers From A Breach Of Common Sense
Posted on 20 Apr 2015 by Randy J. Maniloff

The mid-March settlement by Target, of the numerous data breach class actions filed against the retailer, following disclosure of millions of its customers’ debit and credit card numbers, will cost the company about $25 million. I had the privilege... Read More

Court Finds Coverage For Settlement Of Restitution Claim
Posted on 14 Aug 2014 by John Green

Insurers often take the position that indemnification for claims for “restitution” are barred by public policy, and contend they have no obligation to reimburse a settlement of such claims. They often take this position even if the policy... Read More

Excess Carrier Could Not Seek Reimbursement from the Primary Insurer Based On Its Rejection of a Claimant’s Settlement Offer Within Its Primary Limits Because There Was Not a Final Excess Judgment
Posted on 18 Feb 2014 by Troutman Sanders

In RSUI Indemnity Co. v. Discover P&C Insurance Co [ enhanced version available to lexis.com subscribers ], the primary insurer issued the insured a commercial automobile liability policy with a $1 million limit per-occurrence and in the aggregate... Read More

California Court Holds § 998 Offer Exceeding Policy Limits Made In Good Faith
Posted on 25 Oct 2013 by Brian Margolies

In its recent decision in Aguilar v. Gostischef , 2013 Cal.App. LEXIS 816 (Cal. App. 2d Dist. Oct. 11, 2013) [ enhanced version available to lexis.com subscribers ], a California appellate court had occasion to consider whether a claimant’s statutory... Read More

Class Action Settlement Approved for Out-of-Network Providers in AMA v United Healthcare Lawsuit Related to Uniform and Customary Rates
Posted on 21 Sep 2010 by Cheryl Keely

NEW YORK - (Mealey's) A New York federal judge on Sept. 20 granted final approval to a $350 million class action settlement with United HealthCare Corp., ending claims that United companies allegedly underpaid professional providers for out-of-network... Read More

Insurer Did Not Breach any Duty by Settling Claims without Insured’s Consent and Prior to Appointing Counsel
Posted on 3 Sep 2015 by Troutman Sanders

In American Western Door , the Central District of California granted a CGL carrier’s motion to dismiss an insured’s complaint and held that a carrier has the right to settle covered claims without the participation of the insured. American... 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

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

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

Ten Most Significant Insurance Coverage Decisions Of 2014 – The Loudest Case Yet To Conclude That A Reservation Of Rights Letter Was Ineffective For Lack Of An Adequate Explanation
Posted on 22 Dec 2014 by Randy J. Maniloff

In Advantage Builders & Exteriors, Inc. v. Mid-Continent Casualty Co., -- S.W.3d – , 2014 Mo. App. LEXIS 975 (Mo. Ct. App. 2014), [ enhanced version available to lexis.com subscribers ], Mid-Continent’s insured, Advantage Builders, was... Read More

Supreme Court Allows Excess Insurer’s Bad Faith Claim Against Primary
Posted on 4 Aug 2015 by Randy J. Maniloff

Tapas: Small Dishes of Insurance Coverage News & Notes The Supreme Court of Hawaii held that “an excess liability insurer can bring a cause of action, under the doctrine of equitable subrogation, against a primary liability insurer who... Read More

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

LexisNexis Author William T. Barker To Speak at 1st Annual Bad Faith Litigation Strategies ExecuSummit on "Recent Developments in Third-Party Bad Faith: The American Law Institute Principles of the Law of Liability Insurance."
Posted on 14 Oct 2014 by William T. Barker

On November 4, 2014, LexisNexis author William T. Barker will speak at the 1st Annual Bad Faith Litigation Strategies ExecuSummit on "Recent Developments in Third-Party Bad Faith: The American Law Institute Principles of the Law of Liability Insurance... Read More

SNR Denton on Reasonableness of Insurer’s Delay in Offering Policy Limits Is Question of Fact: Allstate Insurance Co. v. Herron
Posted on 9 Jun 2011 by Ronald D. Kent

By Ronald D. Kent, Partner, SNR Denton In Allstate Insurance Co. v. Herron, [1] Allstate had offered its policy limits, but not until after expiration of a time-limit demand. A jury found that Allstate had acted reasonably, and the Ninth Circuit affirmed... Read More