Insurance Law

Recent Posts

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

Insurer's Suit Against Insured's Defense Counsel Barred by Insured's Settlement
Posted on 14 Dec 2011 by William T. Barker

By William T. Barker, Partner, SNR Denton In American National Property & Casualty Co. v. Ensz & Jester, P.C., American National sued the defense counsel it had retained to defend its insured for malpractice. Allegedly that malpractice resulted... Read More

Duty to Settle Requires a Willing Plaintiff – No “Bad Faith” Failure to Settle
Posted on 5 Jul 2012 by Barry Zalma

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

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

Duty to Settle Requires a Willing Plaintiff – No “Bad Faith” Failure to Settle
Posted on 5 Jul 2012 by Barry Zalma

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

James M. Hofert and Jennifer K. Gust on “Time-Sensitive Demands”
Posted on 21 Apr 2010 by James M. Hofert and Jennifer K. Gust

In their article appearing in the March/April 2010 issue of Coverage, "Time-Sensitive Demands," James M. Hofert and Jennifer K. Gust initially describe the debate as to the legitimacy of time-sensitive demands. Such a demand is a settlement... Read More

Insurer's Suit Against Insured's Defense Counsel Barred by Insured's Settlement
Posted on 14 Dec 2011 by William T. Barker

By William T. Barker, Partner, SNR Denton In American National Property & Casualty Co. v. Ensz & Jester, P.C., American National sued the defense counsel it had retained to defend its insured for malpractice. Allegedly that malpractice resulted... 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

SNR Denton on Allstate Insurance Co. v. Miller: Failure to Inform Insured of Settlement Opportunity as a Basis for Excess Judgment Liability
Posted on 13 Apr 2010 by William T. Barker and Ronald D. Kent

By William T. Barker and Ronald D. Kent In Allstate Insurance Co. v. Miller, the Nevada Supreme Court held that the jury could properly have found Allstate liable for an excess judgment as a result of its failure to adequately inform its insured of... Read More