Insurance Law

Recent Posts

Claimant’s Assignee Unable to Pursue Breach of Contract Claim against Carrier Because the Claimant Did Not Assert His Claim during the Policy Period
Posted on 10 Dec 2015 by Troutman Sanders

In Petersen Arch Ins. Co. , the Central District of California granted the carrier’s motion to dismiss and held that the claimant’s assignee could not pursue a breach of contract claim against the carrier because the claimant did not make... Read More

The Importance of Proof of Mailing: If Premium Not Paid, Policy Cancelled
Posted on 12 Jun 2014 by Barry Zalma

Insurance is, by definition, a contract whereby the insurer, for consideration, agrees to defend or indemnify another against a contingent or unknown risk. For an insurance policy to exist, therefore, the person insured must pay the premium (the consideration... Read More

No Reasonable Person Would Believe Contract Exclusion Applies to Wrongful Eviction
Posted on 6 May 2014 by Neal Gerber Eisenberg

By Jill Berkeley , Partner, Neal, Gerber & Eisenberg LLP In John Doyle Trust, et al. v. Country Mutual Insurance Co ., 2014 IL App (2d) 121238, [ enhanced version available to lexis.com subscribers ], the Illinois appellate court affirmed summary... Read More

First Circuit Rules Constitution's Appropriations Clause Quashes Flood Policy Claim Lacking Proof-of-Loss
Posted on 28 Oct 2013 by J. Wylie Donald

By J. Wylie Donald You know it is not going well when the court cites the Constitution at you in a breach of contract case. But so it went in DeCosta v. Allstate Insurance Co. [ enhanced version available to lexis.com subscribers ], where the... Read More

Class Action Certified for Lender Requiring More Flood Insurance
Posted on 2 Oct 2012 by Barry Zalma

THE MISCHIEVIOUS CLASS ACTION Home mortgage lenders are always concerned that their security is appropriately protected by insurance. As a result, by the terms and conditions, of the mortgage the lender keeps to itself the right to compel the borrower... Read More

How to Defeat an Arson for Profit Attempt – Suspected Arsonist’s Bad Faith Suit Fails
Posted on 17 Aug 2015 by Barry Zalma

Arson-for-profit is the most dangerous of all methods of attempting insurance fraud. When an insurer has sufficient evidence to suspect an arson for profit attempt and denies the claim it will expect that the insured will sue the insurer for fraud and... Read More

Blogs From the Advisory Board: Insurer Potentially Liable To Investor in Ponzi Scheme Where Insurer Ignored Known Misrepresentations by Its Insured, Investment Company
Posted on 6 May 2011 by Dan Gerber

By Daniel W. Gerber, Partner, Goldberg Segalla LLP Ivie v. Diversified Lending Group, Inc., Case No. 1:09-CV-751, 2011 U.S. Dist. LEXIS 27680 (W.D. Mich., Mar. 17, 2011) Plaintiff, Ivie, invested $2.2 million in a "guaranteed" 9% interest... Read More

Chapter Abstract for New Appleman Insurance Bad Faith Litigation, Second Edition: Chapter 8 Defenses to Bad Faith Claims
Posted on 8 Jun 2010 by William T. Barker

By William T. Barker, Partner, SNR Denton Chapter 8 addresses defenses which insurers might assert in addition to their attempts to negate insureds’ claims that the insurer breached contractual duties ordinarily imposed as part of the duty of... Read More

Trial Court Finds Claim for Bad Faith May Survive a Motion to Dismiss Despite Failure to Properly Plead Claim for Breach of Contract
Posted on 15 Jul 2014 by Troutman Sanders

Mortazavi v. Federal Ins. Co. , 2014 U.S. Dist. LEXIS 31555 (S.D. Cal. Mar. 11, 2014), [ enhanced version available to lexis.com subscribers ]. In Mortazavi , the district court found in favor of a carrier on its motion to dismiss the insureds’... Read More

Insurer Has No Duty to Pay for Independent Counsel and May Reassert Its Right to Control the Defense When the Insurer Withdraws the Reservation of Rights Triggering the Insured’s Right to Independent Counsel
Posted on 4 Mar 2014 by Troutman Sanders

Swanson v. State Farm General Insurance Co., 2013 Cal. App. LEXIS 759 [ enhanced version available to lexis.com subscribers ], presented an issue of first impression regarding whether an insurer has a duty to provide an insured with independent counsel... Read More

SNR Denton on Is There a Right To Jury Trial in a Bad Faith Failure To Settle Case: Wood v. New Jersey Manufacturers Insurance Co.
Posted on 11 Jul 2011 by William T. Barker

By William T. Barker, Partner, SNR Denton In Wood v. New Jersey Manufacturers Insurance Co. the New Jersey Supreme Court, addressing a little-litigated issue, held that there is a right to jury trial in a bad faith failure to settle case. [1] This... 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

Policy Requiring a Carrier to Investigate and Defend “Suits” Does Not Require It to Investigate and Defend Claims That Have Not Ripened Into Litigation
Posted on 3 Apr 2014 by Troutman Sanders

Great Am. E&S Ins. Co. v. Kouw Pinnq Enter. Co. , 2013 U.S. Dist. LEXIS 146247 (C.D. Cal. Sept. 20, 2013) [ enhanced version available to lexis.com subscribers ] In Great American , the district court held that a general liability insurer did not... Read More

Eighth Circuit Holds Claim Against General Contractor Not an Occurrence
Posted on 8 Mar 2012 by Brian Margolies

Brian Margolies, Partner, Traub Lieberman Straus & Shrewsberry LLP In its recent decision in Secura Ins. v. Horizon Plumbing , 2012 U.S. App. LEXIS 4477 (8 th Cir. Mar. 5, 2012), the United States Court of Appeals for the Eighth Circuit, applying... Read More