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attorney client relationship
Attorneys Fees
Bad Faith
bad faith claims
class actions
Conflict of interest
defense counsel
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duty of good faith
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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Denton In Post v. St. Paul Travelers Insurance Co., 691 F.3d 500 (3d Cir. 2012), the Third Circuit, discussing a prior, nonprecedential Third Circuit case, Gallatin Fuels, Inc. v. Westchester...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...
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...
LexisNexis Insurance Law Newsroom Staff
over 11 years ago
Insurance Law
New Appleman on Insurance
New Appleman Authors, Editors and Board Members Are Chosen For New Professional Responsibilities
Editors of the New Appleman on Insurance Law Library Edition selected for new positions. • Professor Leo Martinez, of the University of California, Hastings College of the Law and Co-Editor of the New Appleman on Insurance Law Practice Guide...
LexisNexis Insurance Law Newsroom Staff
over 10 years ago
Insurance Law
Insurance Law
New Matthew Bender Insurance Law Publication in One-Volume Looseleaf, Online and In e-Book Format
Insurance defense counsel have unique and complicated professional responsibilities arising from their dual relationships with the insured who is being defended and the insurer who is providing the defense and must pay the judgment or settlement (assuming...
William T. Barker
over 11 years ago
Insurance Law
Insurance Law
SNR Denton on Weitz Co. v. Ohio Casualty Insurance Co.: Is an Insurer a Co-Client of Defense Counsel It Retains to Defend an Insured?
By William T. Barker, Partner, SNR Denton The Colorado federal district court in Weitz Co. v. Ohio Casualty Insurance Co. concluded that a Colorado liability insurer is not a client of defense counsel for its insured. That was correct on the facts...
William T. Barker
over 11 years ago
Insurance Law
Insurance Law
Insured vs. Insured on Same Policy Is 1st-Party Claimant
By William T. Barker, Partner, SNR Denton In Loudin v. National Liability & Fire Insurance Co. , 716 S.E.2d 696 (W. Va. 2011), the West Virginia Supreme Court held that policyholder making a liability claim against another insured on the policy...
William T. Barker
over 11 years ago
Insurance Law
Insurance Law
Blogs from the ILC Advisory Board: Richards v. Sequoia Insurance Co.: Liability Insurer Not Obliged to Compensate Insureds for Defending Themselves While Insurer Is Considering Whether To Provide Defense
By William T. Barker, Partner, SNR Denton In Richards v. Sequoia Insurance Co. ,[1] insured attorneys, who were instructed to arrange for their own defense pending Sequoia's coverage decision, retained counsel on the basis that the insureds would...
William T. Barker
over 10 years ago
Insurance Law
Insurance Law
SNR Denton, US, LLP on Downhole Navigator, LLC v. Nautilus Insurance Co.: Fifth Circuit Concludes That Texas No Longer Allows a Policyholder to Demand Independent Counsel Merely Because the Insurer Offers a Defense under Reservation of Rights
By William T. Barker, Partner, SNR Denton Older Texas cases had indicated that, whenever a liability insurer offered a defense under reservation of rights, the insured was entitled to demand defense by independent counsel, at the insurer's expense...
William T. Barker
over 12 years ago
Insurance Law
Insurance Law
Hornberger v. Seymour: Insurer May Retain Defense Counsel Even If Insured Can’t Be Located
By William Barker, Partner, SNR Denton, LLP From time to time, insurers and defense counsel face the problem of an insured who can’t be located. If the insured can’t be found when the lawsuit is filed, there can be a real question whether...
William T. Barker
over 11 years ago
Insurance Law
Insurance Law
SNR Denton on Lennar Corp. v. Transamerica Insurance Co.: Does a Right to Independent Counsel Entitle the Policyholder to Two Lawyers?
By William T. Barker, Partner, SNR Denton Lennar Corp. v. Transamerica Insurance Co. addressed the novel question whether an policyholder entitled to independent counsel could both accept representation by the counsel selected by the insurer and insist...
William T. Barker
over 10 years ago
Insurance Law
Insurance Law
SNR Denton LLP on Great American Excess & Surplus Insurance Co. v. Quintairos, Prieto, Wood & Boyer, P.A.: Excess Insurer Can Sue Appointed Defense Counsel for Malpractice
By William T. Barker, Partner, SNR Denton LLP In Great American Excess & Surplus Insurance Co. v. Quintairos, Prieto, Wood & Boyer, P.A., the Mississippi Supreme Court adopted the opinion of a divided Mississippi Court of Appeals holding...
William T. Barker
over 11 years ago
Insurance Law
Insurance Law
Insurer's Suit Against Insured's Defense Counsel Barred by Insured's Settlement
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...
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