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Chapter Abstract for New Appleman Insurance Bad Faith Litigation, Second Edition: Chapter 8 Defenses to Bad Faith Claims

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 good faith and fair dealing. Section 8.02[1...

CaseWatch: Insurance – Decisions from The Insurance and Reinsurance Report – June 3, 2010

Additional Insureds James McHugh Constr. Co. v. Zurich Am. Ins. Co. 2010 Ill. App. LEXIS 318 [ lexis.com / lexisONE ] (Ill. Ct. of App., April 13, 2010) Employee Exclusion Applies to Additional Insured A general contractor sought additional insured coverage from its subcontractors' insurer...

CaseWatch: Insurance – Decisions from The Insurance and Reinsurance Report – September 27, 2010

Lexis.com subscribers may access the enhanced versions of the cases below. Non-subscribers may access the free, unenhanced versions on lexisONE , if available. Actions and Proceedings Bayle v. Allstate Insurance Co. 2010 U.S. App. LEXIS 16635 [ lexis.com / lexisONE ] (5th Cir.(La.), August 11...

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 defense counsel can even file an appearance. In...

CaseWatch: Insurance – Decisions from The Insurance and Reinsurance Report – January 3, 2011

Lexis.com subscribers may access the enhanced versions of the cases above. Non-subscribers may access the free, unenhanced versions on lexisONE , if available. Actions & Proceedings State Farm Mut. Auto. Ins. Co. v. Patterson 7 A.3d 454 [ lexis.com / lexisONE ] (Del., November 8, 2010) In...

CaseWatch: Insurance – Decisions from The Insurance and Reinsurance Report – January 3, 2011

Lexis.com subscribers may access the enhanced versions of the cases above. Non-subscribers may access the free, unenhanced versions on lexisONE , if available. Actions & Proceedings State Farm Mut. Auto. Ins. Co. v. Patterson 7 A.3d 454 [ lexis.com / lexisONE ] (Del., November 8, 2010) In...

American Bar Association Litigation Section Insurance Coverage Litigation Committee Mid-Winter Meeting

By William T. Barker, Partner, SNR Denton This meeting occurred in Tucson, Arizona, March 2-5, 2011, and was attended by over 350 registrants from both sides of the coverage bar (and some judges, professors, mediators, and providers of litigation services). The presentations were high quality. There...

CaseWatch: Insurance - Decisions from The Insurance and Reinsurance Report - April 21, 2011

Lexis.com subscribers may access the enhanced versions of the cases above. Non-subscribers may access the free, unenhanced versions on lexisONE , if available. Additional Insured Boatwright v. Penn-Ohio Logistics 2011 Ohio 1006 [ Lexis.com / LexisONE ] (Ohio Ct. of App. February 25, 2011) Putative...

Wisconsin Appeals Court Puts The End In Defend: Insurer Can Settle The Only Covered Claim And Then Withdraw From The Defense

Randy J. Maniloff, White and Williams, LLP Overture, curtain, lights! This is it. We'll hit the heights! And oh, what heights we'll hit! On with the show, this is it! Consider this - An insurer is defending its insured in a case that has both covered and uncovered claims. The insurer settles...