Insurance Law

Recent Posts

CaseWatch: Insurance – Decisions from The Insurance and Reinsurance Report – December, 2011
Posted on 30 Jan 2012 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 and Proceedings C.R. Pittman Constr. Co., Inc. v. Nat'l Fire Insurance... Read More

CaseWatch: Insurance – Decisions from The Insurance and Reinsurance Report – May 23, 2011
Posted on 7 Jun 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. Bad Faith Miller v. Hartford Life Ins. Co. 2011 U.S. Dist. LEXIS 38347 [ lexis.com... Read More

CaseWatch: Insurance – Decisions from The Insurance and Reinsurance Report – May 23, 2011
Posted on 7 Jun 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. Bad Faith Miller v. Hartford Life Ins. Co. 2011 U.S. Dist. LEXIS 38347 [ lexis.com ]... Read More

“Millions for Defense and not a Dime for Tribute.” Attempted Fraud Fails
Posted on 20 Jun 2011 by Barry Zalma

By Barry Zalma, Attorney and Consultant Insurers Must Never Pay a Fraud When I was a young adjuster the motto of the insurance industry was "Millions for Defense and not a Dime for Tribute." Fraud was known but not a large problem. Police... Read More

California Court Holds No Affirmative Duty to Settle Based Solely on the Likelihood of an Excess Judgment
Posted on 23 Oct 2013 by Troutman Sanders

By Ryan C. Tuley , William D. Burger, Jr. , and Christina Y. Ahn On October 7, 2013, the California Court of Appeal, in Reid v. Mercury Insurance Company [ enhanced version available to lexis.com subscribers ], held that an insurer does not have... Read More

Ten Most Significant Insurance Coverage Decisions Of 2013 – Alaska Supreme Court: Demand To Settle For Limits, But Not For All Insureds, Insurer Between A Rock And A Hard Case
Posted on 6 Jan 2014 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

Washington Court Holds Covenant Judgment Sets a Floor, Not a Ceiling, on Damages
Posted on 9 Jun 2014 by Bullivant Houser Bailey PC

By Matthew J. Sekits , Daniel R. Bentson . Recently, the Washington Court of Appeals increased the damages available to an assignee of an insured's bad faith claims, holding that a "covenant judgment sets a floor, not a ceiling, on the... Read More

Missouri Federal Court Rejects Bad Faith Claim
Posted on 31 Jul 2013 by Brian Margolies

Brian Margolies, Partner, Traub Lieberman Straus & Shrewsberry LLP In its recent decision in Hullverson v. Liberty Ins. Underwriters , 2013 U.S. Dist. LEXIS 101640 (E.D. Mo. July 22, 2013) [ enhanced version available to lexis.com subscribers ... Read More

Neal, Gerber & Eisenberg LLP: Comparing Illinois versus California Bad Faith Law
Posted on 1 Nov 2012 by Neal Gerber Eisenberg

By Jill Berkeley, Partner, Neal, Gerber & Eisenberg LLP As policyholder counsel in Illinois, we often must explain to our colleagues in California why there is no "bad faith" cottage industry among the Illinois bar. Taking the words... Read More

No ERISA Preemption for Unfair Insurance Practices in Montana
Posted on 24 Oct 2011 by Barry Zalma

By Barry Zalma, Attorney and Consultant In 1987 the U.S. Supreme Court decided Pilot Life Insurance Co. V. Dedeaux, 481 U.S. 41, 95 L. Ed. 2d 39, 107 S. Ct. 1549 (U.S. 04/06/1987) , that held that the Employee Retirement Income Security Act of 1974... Read More

Ten Most Significant Insurance Coverage Decisions Of 2013 – Missouri Supreme Court: Policy Limits “Do Not Matter”
Posted on 14 Jan 2014 by Randy J. Maniloff

Trend: Harsh Consequences For Breach Of The Duty To Defend I’ve always found it interesting that some very important coverage issues elude judicial review, while inconsequential ones get answered. Riddle me this: Why has the question whether... Read More

CaseWatch: Insurance – Decisions from The Insurance and Reinsurance Report – May 23, 2011
Posted on 7 Jun 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. Bad Faith Miller v. Hartford Life Ins. Co. 2011 U.S. Dist. LEXIS 38347 [ lexis.com... Read More

No ERISA Preemption for Unfair Insurance Practices in Montana
Posted on 24 Oct 2011 by Barry Zalma

By Barry Zalma, Attorney and Consultant In 1987 the U.S. Supreme Court decided Pilot Life Insurance Co. V. Dedeaux, 481 U.S. 41, 95 L. Ed. 2d 39, 107 S. Ct. 1549 (U.S. 04/06/1987) , that held that the Employee Retirement Income Security Act of 1974... Read More

“Millions for Defense and not a Dime for Tribute.” Attempted Fraud Fails
Posted on 20 Jun 2011 by Barry Zalma

By Barry Zalma, Attorney and Consultant Insurers Must Never Pay a Fraud When I was a young adjuster the motto of the insurance industry was "Millions for Defense and not a Dime for Tribute." Fraud was known but not a large problem... Read More