Insurance Law

Recent Posts

Highlights of the Summer 2011 Issue of New Appleman on Insurance: Current Critical Issues in Insurance Law (shipping early September)
Posted on 23 Aug 2011 by LexisNexis Insurance Law Newsroom Staff

The Summer 2011 Issue of New Appleman on Insurance: Current Critical Issues in Insurance Law features three timely articles on the frontiers of insurance coverage disputes: Advice of Counsel and Insurance Bad Faith: Current Contours and Criticisms... Read More

General Principles and Introductory Matters In Motor Vehicle Insurance Law – New Appleman on Insurance Law Library Edition, Chapter 61
Posted on 9 Jan 2012 by LexisNexis Insurance Law Newsroom Staff

By Christopher J. Robinette, Associate Professor at the Widener University School of Law Chapter 61 provides an overview of automobile insurance law in the United States, including many matters that will be covered in greater detail in subsequent... Read More

Catastrophic Tornado and Flood Claims: Steps to Avoid Bad Faith Exposure
Posted on 1 Jun 2011 by Randolph Evans, Stephen Berry, Michelle Swiren

By J. Randolph Evans, J. Stephen Berry, and Michelle F. Swiren, Attorneys, McKenna Long & Aldridge LLP The spring of 2011 has featured unusually inclement weather for the Southern states. Tornadoes tore through states from Virginia to Texas throughout... Read More

Mold: A Comprehensive Survey Of Defense Strategies, Coverage Exclusions, And Liability Implications Across The U.S.
Posted on 11 Jun 2013 by LexisNexis Insurance Law Newsroom Staff

By Thomas F. Segalla Andrew J. Scholz Matthew R. Shindell Matthew D. Cabral ( Complete version of commentary with tables available to download here ) I. Introduction Nearly three decades have passed since the first mold cases made national headlines with... Read More

Insured vs. Insured on Same Policy Is 1st-Party Claimant
Posted on 14 Dec 2011 by William T. Barker

By William T. Barker, Partner, SNR Denton In Loudin v. National Liability & Fire Insurance Co. , 716 S.E.2d 696 (W. Va. 2011), the West Virginia Supreme Court held that policyholder making a liability claim against another insured on the policy... Read More

West Virginia Reviews Attorney-Client Privilege in Insurer/Coverage Counsel Extra-Contractual Claims
Posted on 8 May 2014 by Steptoe & Johnson PLLC

By Mark G. Jeffries, Associate On April 10, 2014, the West Virginia Supreme Court of Appeals held in State ex rel. Montpelier U.S. Ins. Co. and Charleston, Revich & Wollitz LLP that the attorney-client privilege protects confidential communications... Read More

SNR Denton on Toughened Federal Pleading Rules Apply to Conclusory Allegations of Bad Faith: Luna v. Nationwide Property & Casualty Insurance Co.
Posted on 1 Aug 2011 by William T. Barker and Ronald D. Kent

By William T. Barker & Ronald D. Kent, Partners, SNR Denton The Supreme Court has recently toughened federal pleading requirements, but those are usually thought of as impacting cases involving such subjects as securities fraud and antitrust,... Read More

SNR Denton on Oubre v. Citizens Insurance Co.: Louisiana Supreme Court Clarifies Penalty Statutes
Posted on 21 Feb 2012 by William T. Barker

By William T. Barker, Partner, SNR Denton In Oubre v. Citizens Insurance Co., a divided Louisiana Supreme Court resolved a split in the courts of appeals by holding that the statutory penalty for an insurer's failure to timely initiate loss... Read More

SNR Denton on James River Insurance Co v. Rapid Funding, Inc.: Inadmissible Expert Opinions May Not Be Presented as Lay Opinions
Posted on 3 Mar 2012 by William T. Barker

By William T. Barker, Partner, SNR Denton Expert opinions are admissible only if they satisfy usually stringent standards. But lay opinions are admissible in some circumstances. In James River Insurance Co v. Rapid Funding, Inc., 658 F.3d 1207 ... Read More

SNR Denton on Texas Mutual Insurance Co. v. Ruttiger: Texas Limits Extracontractual Claims Regarding Workers Compensation Benefits
Posted on 20 Dec 2011 by William T. Barker

By William T. Barker, Partner, SNR Denton In Texas Mutual Insurance Co. v. Ruttiger ,[1] the Texas Supreme Court limited the estracontractual claims available to injured workers regarding payment of workers compensation benefits and foreshadowed... Read More

Dentons on What Does Kentucky Require To Find Failure to Pay in Good Faith?
Posted on 7 Jan 2014 by LexisNexis Insurance Law Newsroom Staff

Kentucky requires insurers to pay amounts clearly due. Under Wittmer v. Jones [ enhanced version available to lexis.com subscribers ], to create a jury question, “there must be sufficient evidence of intentional misconduct or reckless disregard... Read More

SNR Denton on Kartman v. State Farm: Claim Handling Class Actions and Bad Faith Without Coverage Take Another Hit
Posted on 6 Jan 2012 by William T. Barker

By William T. Barker, Partner, SNR Denton In Kartman v. State Farm Mutual Automobile Insurance Co. [1], the Seventh Circuit reversed certification of a class action for allegedly improper adjustment of claims for hailstorm damage to insureds'... Read More