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Attorneys Fees
Bad Faith
bad faith claims
class actions
Conflict of interest
defense counsel
duty of good faith
Duty to Defend
duty to inform
duty to settle
excess insurance
excess judgment
excess liability
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Insurance Claims
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reservation of rights
Ronald D. Kent
Ronald Kent
settlements
subrogation
Texas
William Barker
William T. Barker
William T. Barker
over 10 years ago
Insurance Law
Insurance Coverage
Dentons, U.S., LLC on Colony Insurance Co. v. Burke: Foster Child Is Not Entitled To Make Direct Claim on Liability Insurance State Purchased for Foster Parents
By William T. Barker, Partner, SNR Denton LLP The Estate of Aurora Espinal-Cruz obtained a $20 million wrongful-death judgment against Deanza Jones, who had been Aurora's foster parent, after Jones's insurers had refused a $600,000 policy...
William T. Barker and Ronald D. Kent
over 10 years ago
Insurance Law
Property Insurance
SNR Denton US LLP on Does Pennsylvania Law Impose Liability for Bad Faith Without a Duty to Provide Coverage?
By William T. Barker & Ronald D. Kent, Partners, SNR Denton In Post v. St. Paul Travelers Insurance Co., 691 F.3d 500 (3d Cir. 2012), the Third Circuit, discussing a prior, nonprecedential Third Circuit case, Gallatin Fuels, Inc. v. Westchester...
William T. Barker
over 10 years ago
Insurance Law
Property Insurance
SNR Denton US LLP on Miller v. Safeco Insurance Co. of Am.: Insurer May Not Enforce Exclusions in Newly Issued Property Insurance Policy If Insured Not Notified of Those Exclusions Before Discovering the Loss
By William T. Barker, Partner, SNR Denton LLP The Millers purchased a home with severe preexisting water and mold damage which they and their home inspector failed to detect. In Miller v. Safeco Insurance Co of Am., the Seventh Circuit held that...
Ronald D. Kent
over 10 years ago
Insurance Law
Insurance Policy Exclusions
SNR Denton LLP on Hoover v. Maxum Indemnity Co.: Georgia Supreme Court Seems To Hold That Liability Insurance Disclaimer on One Ground Forfeits Other Grounds
By Ronald D. Kent, Partner, SNR Denton In Hoover v. Maxum Indemnity Co., the Georgia Supreme Court held that a liability insurance coverage disclaimer could not reserve a right to assert additional grounds later. If taken literally, this apparently...
LexisNexis Insurance Law Newsroom Staff
over 10 years ago
Insurance Law
Insurance Policy Exclusions
SNR Denton US LLP on Metropolitan Property & Casualty Insurance Co. v. Stranczek: Business Pursuits Exclusion Does Not Depend on Subjective Profit
By William T. Barker and Daniel E. Feinberg, Attorneys, SNR Denton Homeowners' insurance commonly excludes coverage for the insured's "business pursuits," often said to be those involving (1) a continuous or regular activity, ...
William T. Barker
over 10 years ago
Insurance Law
New Appleman on Insurance
Bad Faith in the Context of First-Party Insurance – New Appleman on Insurance Law Library Edition, Chapter 55
By William T. Barker, Partner, SNR Denton The insurer's duty of good faith, and the liabilities that flow from breach of that duty, play an important role in insurance law. The duty was first developed in the context of liability insurance to...
William T. Barker and Ronald D. Kent
over 12 years ago
Insurance Law
Insurer Bad Faith/Duty to Defend
SNR Denton on Sanderson v. American Family Insurance Co.: “Fair Debatability” Not Threshold Defense in Colorado?
By William T. Barker & Ronald D. Kent, Partners, SNR Denton Sanderson v. American Family Insurance Co. [1] affirmed summary judgment for an insurer on bad faith, but asserted that the fact that the claim was “fairly debatable” was...
William T. Barker
over 11 years ago
Insurance Law
Insurer Bad Faith/Duty to Defend
SNR Denton on Texas Mutual Insurance Co. v. Ruttiger: Texas Limits Extracontractual Claims Regarding Workers Compensation Benefits
By William T. Barker, Partner, SNR Denton In Texas Mutual Insurance Co. v. Ruttiger ,[1] the Texas Supreme Court limited the estracontractual claims available to injured workers regarding payment of workers compensation benefits and foreshadowed...
William T. Barker
over 11 years ago
Insurance Law
Insurer Bad Faith/Duty to Defend
SNR Denton on Kartman v. State Farm: Claim Handling Class Actions and Bad Faith Without Coverage Take Another Hit
By William T. Barker, Partner, SNR Denton In Kartman v. State Farm Mutual Automobile Insurance Co. [1], the Seventh Circuit reversed certification of a class action for allegedly improper adjustment of claims for hailstorm damage to insureds'...
William T. Barker and Ronald D. Kent
over 10 years ago
Insurance Law
Insurer Bad Faith/Duty to Defend
SNR Denton US LLP on Does Pennsylvania Law Impose Liability for Bad Faith Without a Duty to Provide Coverage?
By William T. Barker & Ronald D. Kent, Partners, SNR Denton In Post v. St. Paul Travelers Insurance Co., 691 F.3d 500 (3d Cir. 2012), the Third Circuit, discussing a prior, nonprecedential Third Circuit case, Gallatin Fuels, Inc. v. Westchester...
William T. Barker
over 12 years ago
Insurance Law
Insurer Bad Faith/Duty to Defend
SNR Denton on Lease Crutcher Lewis WA, LLC v. National Union Fire Insurance Co.: Failure To Honor the Made-Whole Rule Can Be Bad Faith
By William T. Barker, Partner, SNR Denton An insurer normally has subrogation or reimbursement rights when the losses it has paid are recoverable from a third party, but typically these rights are qualified by a requirement that its insured must be...
William T. Barker and Ronald D. Kent
over 10 years ago
Insurance Law
Insurer Bad Faith/Duty to Defend
SNR Denton LLP on Pedicini v. Life Insurance Co. of Alabama: Insurer Acted in Bad Faith by Refusing To Recognize Ambiguity of Policy Language
By William T. Barker & Ronald D. Kent, Partners, SNR Denton In Pedicini v. Life Insurance Co. of Alabama, 682 F.3d 522 (6th Cir. 2012), the Sixth Circuit held that the relevant language in a medical insurance policy was ambiguous and further...
William T. Barker and Ronald D. Kent
over 10 years ago
Insurance Law
Insurer Bad Faith/Duty to Defend
SNR Denton, US, LLP on Nease v. State Farm Mutual Automobile Insurance Co.: Liability Insurer May Have Duty to Hire Counsel to Advise Insured Whether to Give Statement to Claimant’s Counsel
By William T. Barker & Ronald D. Kent, Partners, SNR Denton In Nease v. State Farm Mutual Automobile Insurance Co., an excess insurance case, State Farm promptly tendered its $25,000 limits. The claimant's attorney requested a statement...
William T. Barker
over 11 years ago
Insurance Law
Insurer Bad Faith/Duty to Defend
SNR Denton on DeMarco v. Travelers Insurance Co.: Insurer Faced with Multiple Claims Exceeding Policy Limits Must Seek to Minimize Insured’s Financial Exposure
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...
William T. Barker and Ronald D. Kent
over 11 years ago
Insurance Law
Insurer Bad Faith/Duty to Defend
SNR Denton on Fred Shearer & Sons, Inc. v. Gemini Insurance Co.: Oregon Allows Use of Extrinsic Evidence To Determine Whether a Defendant is Insured
By William T. Barker & Ronald D. Kent, Partners, SNR Denton An insurer's duty to defend is usually determined based on the facts alleged within the four corners of the complaint against the insured. Various jurisdictions allow or require consideration...
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