Insurance Law

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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

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

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

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

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

Reed Smith LLP Policyholder Alert: Zeig Reconsidered?
Posted on 22 Aug 2011 by John Berringer and Michael DiCanio

By John Berringer and Michael DiCanio, Attorneys, Reed Smith LLP While it has long been the general rule in New York and other jurisdictions that a policyholder's settlement with a primary insurer for less than full policy limits can nevertheless... Read More

Fifth Circuit Holds Settlement With Primary Insurer Did Not Result In Exhaustion
Posted on 16 Aug 2011 by Brian Margolies

By Brian Margolies, Partner, Traub Lieberman Straus & Shrewsberry LLP In Citigroup Inc. v. Federal Ins. Co ., 2011 U.S. App. LEXIS 16316 (5 th Cir. Aug. 8, 2011 ) , the United States Court of Appeals for the Fifth Circuit, applying Texas law, considered... Read More

Reed Smith LLP Policyholder Alert: Zeig Reconsidered?
Posted on 22 Aug 2011 by John Berringer and Michael DiCanio

By John Berringer and Michael DiCanio, Attorneys, Reed Smith LLP While it has long been the general rule in New York and other jurisdictions that a policyholder's settlement with a primary insurer for less than full policy limits can nevertheless... 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... Read More

Fifth Circuit Holds Settlement With Primary Insurer Did Not Result In Exhaustion
Posted on 16 Aug 2011 by Brian Margolies

By Brian Margolies, Partner, Traub Lieberman Straus & Shrewsberry LLP In Citigroup Inc. v. Federal Ins. Co ., 2011 U.S. App. LEXIS 16316 (5 th Cir. Aug. 8, 2011 ) , the United States Court of Appeals for the Fifth Circuit, applying Texas law, considered... Read More