Insurance Law

Recent Posts

Encore: The Springsteen-Quoting Coverage Case Judge Strikes Again
Posted on 26 Mar 2015 by Randy J. Maniloff

In the last issue of Coverage Opinions I wrote about a recent opinion , from Judge Jonathan Goodman, of the Southern District of Florida, quoting lyrics from Bruce Springsteen’s song, “No Surrender,” to make the point that, while not... Read More

High Court Hands Excess Insurers A Big Bad Faith Stick Against Primaries
Posted on 26 Jan 2015 by Randy J. Maniloff

There is nothing out of the ordinary about suits by excess insurers, against an underlying primary insurer, alleging that the primary had an opportunity to settle a claim within its limit, did not do so, and, as a consequence, there was later a verdict... Read More

Ten Most Significant Insurance Coverage Decisions Of 2014 – Opinion-aided: Courts Granting Policyholders Access To Outside Coverage Counsel’s Opinion Letters
Posted on 24 Dec 2014 by Randy J. Maniloff

Sometimes a coverage case, especially from a trial court, is selected as one of the year’s ten most significant -- but it is not really so. Rather, it is chosen as a representative of a series of similar cases decided that year. In other words,... Read More

Ricky's Believe It Or Not
Posted on 3 Mar 2015 by LexisNexis Insurance Law Newsroom Staff

By Julius F. "Rick" Parker III As an attorney for more than sixteen years, and a practitioner of insurance bad faith for nearly eleven years, I have seen virtually every kind of bad faith set-up one could imagine. I have shared my observations... Read More

The Right and Duty to Settle Third-Party Liability Claims: A 50-State Survey
Posted on 25 Mar 2015 by LexisNexis Insurance Law Newsroom Staff

By Scott G. Ball, Linda M. Dedman, and Pamela Dunlop Gates The Right and Duty to Settle Third-Party Liability Claims: A 50-State Survey This commentary offers a multi-state survey of an insurer’s duty to settle third-party claims. Insurers... Read More

Is That Covered? Hail Damage
Posted on 27 Jan 2015 by McNees Wallace & Nurick LLC

By Michael R. Kelley Back in May, 2014, parts of Berks and Lancaster counties were hit with a freak hail storm. With hail as large as tennis balls reported, homes and cars suffered significant damage. Hail damage is generally covered under auto... Read More

The Most Important Coverage Case Of 2015; Jeff Waltz Checks In With An Analysis From The Bayou
Posted on 21 Jul 2015 by Randy J. Maniloff

In the last issue of Coverage Opinions I discussed the Louisiana Supreme Court’s recent decision in Kelly v. State Farm Fire & Casualty Co., No. 2014-CQ-1921 (May 5, 2015), [subscribers can access an enhanced version of this opinion: Read More

Mealey’s Insurance — Jury Awards $4.5 Million To Homeowners’ Class For Insurer’s Bad Faith (Trial Videos Available)
Posted on 17 Feb 2015 by Shawn Rice

RENO, Nev. — (Mealey’s) A jury in the Washoe County, Nevada, Second Judicial District Court on Feb. 13 awarded $4.5 million in compensatory damages for a commercial general liability insurer’s breach of its duty of good faith and fair... Read More

Automobile Carrier Held not to Have Violated Its Duty to Settle Where it Offered Its Full Policy Limit in Settlement Less Than Three Weeks After Claim Was Submitted by the Attorney for the Claimant
Posted on 16 Jun 2015 by Troutman Sanders

Graciano v. Mercury General Corp., 231 Cal. App. 4th 414 (2014), [ enhanced version available to subscribers ]. In Graciano , the California Court of Appeal reversed a jury verdict finding the insured’s automobile carrier liable... Read More

Proposed Oregon Insurance "Bad Faith" Legislation is Dead!
Posted on 2 Jun 2015 by Bullivant Houser Bailey PC

By Lloyd Bernstein Well another (full – every two years) Oregon legislative session is in full-throttle, and once again policyholder advocates have failed to advance any meaningful insurance "bad faith" legislation. As you are probably... Read More

Top 10 Case of 2015: Court Addresses Impact Of Punitive Damages On Bad Faith Failure To Settle
Posted on 22 Jul 2015 by Randy J. Maniloff

The Third Circuit’s decision in Wolfe v. Allstate Property & Casualty Company, No. 12-4450 (3d Cir. June 12, 2015), [subscribers can access an enhanced version of this opinion: | Lexis Advance ], addresses a very interesting and important... Read More

New York’s Difficulty With The Tort of Bad Faith – It Takes More than a Refusal to Pay a Claim to Obtain Tort Damages
Posted on 16 Jun 2015 by Barry Zalma

Insurance companies seldom deny a claim without a reasonable basis for the denial. Regardless, when a claim is denied, the insured feels a need to sue the insurer for both contract and tort of bad faith damages plus punitive damages. New York is not as... Read More

Federal Appeals Court Provides Detailed Discussion Of “Reverse Bad Faith”
Posted on 17 Jun 2015 by Randy J. Maniloff

So-called “reverse bad faith” is a double-edged sword for Coverage Opinions. On one hand, it is an issue that does not arise too often. And CO seeks to focus on cases that could have wide impact. On the other hand, because reverse bad faith... Read More

Did This Supreme Court Just Change The Bad Faith Landscape? Is The Decision Poised To Have A National Impact?
Posted on 24 Jun 2015 by Randy J. Maniloff

It is unquestionably one of the most challenging issues to confront an insurer – the demand to settle a claim within the insured’s limits of liability. We all know the drill. An insurer has been defending its insured for a while. The case... Read More