Insurance Law

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Punitive Damages: Insurable In 38 States – The Sometimes Oversimplified Issue
Posted on 3 Jun 2014 by Randy J. Maniloff

It is a question that is uttered by claims professionals and coverage counsel on a regular basis: Are punitive damages insurable in such and such state? In essence, what the questioner is often asking is whether the particular state’s public policy... Read More

Ten Most Significant Insurance Coverage Decisions Of 2013 – Illinois Supreme Court: Statutory Liquidated Damages Are Not Penal And Not Uninsurable Under Public Policy
Posted on 9 Jan 2014 by Randy J. Maniloff

Standard Mutual Insurance Company v. Lay, No. 114617, 989 N.E.2d 591 (Ill. May 23, 2013) [ enhanced version available to lexis.com subscribers ], is a Telephone Consumer Protection Act coverage case. TCPA is a do-do bird issue, or getting close to it... Read More

Kevan Hirsh Of Kaplin Stewart On Punitive Damages In Bad Faith Insurance Disputes
Posted on 1 Sep 2010 by LexisNexis Insurance Law Newsroom Staff

Kevan F. Hirsch has developed expertise in defending bad faith claims against carriers, and regularly represents two insurance groups in actions brought directly against the companies in this region. He has represented insurers and insured in complex... 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

Insurer Avoids Liability for Agent’s Fraud
Posted on 25 Aug 2011 by Barry Zalma

By Barry Zalma, Attorney and Consultant Contract between Agent and Insurer The relationship between insurance agents and brokers with insurers is based upon the contract between the insurer and the agent or broker. When the agent or broker breaches... Read More

The Failure of Punitive Damages
Posted on 8 Aug 2011 by Barry Zalma

By Barry Zalma, Attorney and Consultant The Reasons for Punitive Damages Civil juries have a difficult enough time establishing appropriate numbers to indemnify a plaintiff so that he or she is back the way he or she was before the incident. To... Read More

Kevan Hirsh Of Kaplin Stewart On Punitive Damages In Bad Faith Insurance Disputes
Posted on 1 Sep 2010 by LexisNexis Insurance Law Newsroom Staff

Kevan F. Hirsch has developed expertise in defending bad faith claims against carriers, and regularly represents two insurance groups in actions brought directly against the companies in this region. He has represented insurers and insured in complex... Read More

The Failure of Punitive Damages
Posted on 8 Aug 2011 by Barry Zalma

By Barry Zalma, Attorney and Consultant The Reasons for Punitive Damages Civil juries have a difficult enough time establishing appropriate numbers to indemnify a plaintiff so that he or she is back the way he or she was before the incident... Read More

What Discovery Is Allowed In A Punitive Damages’ Case In Illinois?”
Posted on 23 Mar 2010 by LexisNexis Insurance Law Newsroom Staff

By: Jonathan W. Goken Johnson & Bell, Ltd. Defendants in Illinois are finding it increasingly more common for plaintiffs seeking punitive damages to dig into the defendants' financial status and net worth through discovery. Because of... Read More

Insurer Avoids Liability for Agent’s Fraud
Posted on 25 Aug 2011 by Barry Zalma

By Barry Zalma, Attorney and Consultant Contract between Agent and Insurer The relationship between insurance agents and brokers with insurers is based upon the contract between the insurer and the agent or broker. When the agent or broker... Read More