Insurance Law

Recent Posts

California Fair Claims And SIU Regulations Require Annual Training
Posted on 23 Jul 2014 by Barry Zalma

You Must Comply With California Regulations by September 1 Fair Claims Settlement Practices Regulations All insurers doing business in California must comply with the requirements of California Fair Claims Settlement Practices Regulations (the “Regulations”... Read More

California Court Holds § 998 Offer Exceeding Policy Limits Made In Good Faith
Posted on 25 Oct 2013 by Brian Margolies

In its recent decision in Aguilar v. Gostischef , 2013 Cal.App. LEXIS 816 (Cal. App. 2d Dist. Oct. 11, 2013) [ enhanced version available to lexis.com subscribers ], a California appellate court had occasion to consider whether a claimant’s statutory... Read More

Reed Smith on The Insurance Company’s Settlement of Tort Claims: An Analysis of In Re East 51st St. Crane Collapse Litigation
Posted on 12 Jan 2011 by LexisNexis Insurance Law Newsroom Staff

By John Berringer and Jennifer Katz, Reed Smith LLP In In Re East 51st St. Crane Collapse Litigation , the New York Supreme Court permitted the primary insurance company to enter into a settlement which clearly was not “in the best interests... 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

Duties of Reinsurers – New Appleman on Insurance Law Library Edition, Chapter 74
Posted on 1 Jan 2013 by LexisNexis Insurance Law Newsroom Staff

By Daniel W. Gerber, Jeffrey L. Kingsley, and Clayton D. Waterman Chapter 74 provides a comprehensive analysis of the duties, obligations and limits of reinsurers in reinsurance transactions. Section 74.01 begins by examining the duty of utmost... Read More

Reed Smith LLP on Avoiding Disproportionate Forfeiture of Insurance Coverage Through Doctrines of Waiver, Estoppel, Mend the Hold, Prejudice, and Good Faith and Fair Dealing
Posted on 5 Oct 2011 by LexisNexis Insurance Law Newsroom Staff

By Timothy P. Law and Lisa A. Szymanski, Attorneys, Reed Smith LLP This article discusses various doctrines applied by courts to avoid the technical forfeiture of insurance coverage. These doctrines include waiver, estoppel, "mend the hold,"... Read More

The Eastern District of California Holds That A Carrier May Have An Affirmative Duty To Attempt to Settle A Claim Against The Insured When It Is Presented With A Reasonable Settlement Opportunity
Posted on 8 Apr 2014 by Troutman Sanders

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

McCarter & English on Dealing with Conflicts of Interest Inherent in Retrospective Premium Policies
Posted on 23 May 2012 by LexisNexis Insurance Law Newsroom Staff

By Steven H. Weisman and Anne Matthews, Attorneys, McCarter & English, LLP There is an inherent conflict of interest created by retrospective premium policies not present in the more typical, guaranteed cost policy. In a guaranteed cost policy... Read More

SNR Denton on Haley v. Allstate Insurance Co.: Does an Insurer's Duty of Good Faith Require It to Assist the Insured in Uninsured Motorist Litigation?
Posted on 25 Apr 2011 by Jennifer Yu Sacro and William T. Barker

By Jennifer Yu Sacro and William T. Barker, Attorneys, SNR Denton In Haley v. Allstate Insurance Co. , a Washington federal court held that an insurer may incur bad faith liability in the course of defending an uninsured motorist action filed by its... Read More

Responding to Independent Counsel Arguments Based on R.G. Wegman Construction Co. v. Admiral Insurance Co.
Posted on 1 Mar 2011 by William T. Barker

By William T. Barker, Partner, SNR Denton Counsel for insureds are likely to use the Seventh Circuit’s opinion in R.G. Wegman Construction Co. v. Admiral Insurance Co., 2011 U.S. App. LEXIS 679 (Jan. 14, 2011), as a basis to argue for broader... Read More

Responding to Independent Counsel Arguments Based on R.G. Wegman Construction Co. v. Admiral Insurance Co.
Posted on 1 Mar 2011 by William T. Barker

By William T. Barker, Partner, SNR Denton Counsel for insureds are likely to use the Seventh Circuit’s opinion in R.G. Wegman Construction Co. v. Admiral Insurance Co., 2011 U.S. App. LEXIS 679 (Jan. 14, 2011), as a basis to argue for broader... 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... Read More

McCarter & English on Dealing with Conflicts of Interest Inherent in Retrospective Premium Policies
Posted on 23 May 2012 by LexisNexis Insurance Law Newsroom Staff

By Steven H. Weisman and Anne Matthews, Attorneys, McCarter & English, LLP There is an inherent conflict of interest created by retrospective premium policies not present in the more typical, guaranteed cost policy. In a guaranteed cost policy... Read More

Reed Smith LLP on Avoiding Disproportionate Forfeiture of Insurance Coverage Through Doctrines of Waiver, Estoppel, Mend the Hold, Prejudice, and Good Faith and Fair Dealing
Posted on 5 Oct 2011 by LexisNexis Insurance Law Newsroom Staff

By Timothy P. Law and Lisa A. Szymanski, Attorneys, Reed Smith LLP This article discusses various doctrines applied by courts to avoid the technical forfeiture of insurance coverage. These doctrines include waiver, estoppel, "mend the hold... Read More