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

By William T. Barker, Partner, SNR Denton DeMarco v. Travelers Insurance Co. applied Rhode Island's unique standard for an insurer's duty to settle to multiple claims exceeding limits. In doing so, it adopted the minority rule that such... Read More

By William T. Barker & Ronald D. Kent, Partners, SNR Denton New Jersey Manufacturers Insurance Co. v. National Casualty Co. holds that a primary insurer, sued by the excess insurer for failure to settle, is entitled to defend on the ground that... Read More

By William T. Barker & Justin N. Kattan In Doherty v. Merchants Mutual Insurance Co. , [1] a sharply divided Appellate Division affirmed summary judgment for an insurer on bad faith failure to settle. If followed, this would arguably raise the... Read More

Travelers Indem. of Conn. v. Arch Specialty Ins. Co. , 2013 U.S. Dist. LEXIS 169453 (E.D. Cal. Nov. 26, 2013) [ enhanced version available to lexis.com subscribers ] In Travelers , the district court concluded that the carrier must act in good faith... Read More

By Brian Martin and Nathaniel Smith , Pillsbury Winthrop Shaw Pittman LLP Insurers frequently disclaim any duty to participate in settling a third party claim against their insureds unless and until the third party claimant makes a settlement demand... Read More

By Barry Zalma, Attorney and Consultant In March I posted an article on the need to put a stake through the heart of the tort of bad faith . The post that follows deals with a case that supports the position I took in that post and makes me wonder... Read More

By William T. Barker & Ronald D. Kent, Partners, SNR Denton New Jersey Manufacturers Insurance Co. v. National Casualty Co. holds that a primary insurer, sued by the excess insurer for failure to settle, is entitled to defend on the ground that... Read More

By William T. Barker, Partner, SNR Denton In Roehl Transport, Inc. v. Liberty Mutual Insurance Co. , the Wisconsin Supreme Court has recognized a new form of bad faith failure to settle: failing to minimize use of the insured’s deductible... Read More

By William T. Barker & Justin N. Kattan In Doherty v. Merchants Mutual Insurance Co. , [1] a sharply divided Appellate Division affirmed summary judgment for an insurer on bad faith failure to settle. If followed, this would arguably raise the... Read More

By William T. Barker, Partner, SNR Denton DeMarco v. Travelers Insurance Co. applied Rhode Island's unique standard for an insurer's duty to settle to multiple claims exceeding limits. In doing so, it adopted the minority rule that such... Read More

By Barry Zalma, Attorney and Consultant In March I posted an article on the need to put a stake through the heart of the tort of bad faith . The post that follows deals with a case that supports the position I took in that post and makes me wonder... Read More

By Brian Martin and Nathaniel Smith , Pillsbury Winthrop Shaw Pittman LLP Insurers frequently disclaim any duty to participate in settling a third party claim against their insureds unless and until the third party claimant makes a settlement demand... Read More

By Ronald D. Kent, Partner, SNR Denton Butler v. First Acceptance Insurance Co., 652 F. Supp. 2d 1264 (N.D. Ga. 2009), concerns an insurer’s duty to settle. Butler received what his lawyer regarded as an inadequate response to a time-limit... Read More