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SNR Denton on Nevels v. Deerbrook Insurance Co.: Expert Opinion in Bad Faith Case Admissible Only to Extent of Proper Basis

By William T. Barker, Partner, SNR Denton In Nevels v. Deerbrook Insurance Co., the court held an expert could testify that the insurer should have sooner offered the policy limit, but would not be permitted to testify that failure to do so was bad faith or on what a jury would have awarded. This commentary...

SNR Denton, US, LLP on Berg v. Nationwide Mutual Insurance Co.: Pennsylvania Court Finds Amount Insurer Paid to Defend Coverage Case Admissible Evidence of Bad Faith

By William T. Barker & Ronald D. Kent, Partners, SNR Denton Berg v. Nationwide Mutual Insurance Co. , 2012 PA SUPER 88, 2012 Pa. Super LEXIS 169, held that Nationwide could be held liable for bad faith in administering its auto damage direct repair program, in part based on violations of an...

Vicarious Liability & Additional Insured Endorsement – Duty To Defend Based on Extrinsic Evidence

Capital City Real Estate, LLC (“Capital City”) initiated a declaratory judgment action in the District of Maryland, seeking a declaration that Certain Underwriters at Lloyd’s London (“Underwriters”) were obligated to defend and indemnify Capital City against a negligence...

Supreme Court Allows Discussion Of Insurance In Personal Injury Trial

You know the rule of evidence. Mentioning the availability of insurance, during a personal injury trial, is a big N-O. The rule is designed to prevent prejudice in the verdict, which might result if the jury is aware that an insurance company, and not the defendant, will be responsible for paying the...

Duty to Defend Triggered by Extrinsic Evidence Showing Insurer-Insured Relationship Existed

By Matthew E. Hedberg Last month, the Oregon Court of Appeals issued another decision that rejects a rigid application of the four-corners rule to determining the duty to defend. Previously, in Fred Shearer & Sons, Inc. v. Gemini Ins. Co. , 237 Or App 468, 476, 240 P3d 67 (2010), [subscribers...