LexisNexis® Legal Newsroom
SNR Denton on First-Party Bad Faith in Maryland

By William T. Barker, Kirk R. Ruthenberg and Kenneth J. Pfaehler Maryland common law never recognized a cause of action for first-party insurance bad faith. Johnson v. Federal Kemper Ins. Co., 74 Md. App. 243 (1988). But Maryland created private statutory rights, effective October 1, 2007. A federal...

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...

Reed Smith LLP on Avoiding Disproportionate Forfeiture of Insurance Coverage Through Doctrines of Waiver, Estoppel, Mend the Hold, Prejudice, and Good Faith and Fair Dealing

By Timothy P. Law and Lisa A. Szymanski, Attorneys, Reed Smith LLP This article discusses various doctrines applied by courts to avoid the technical forfeiture of insurance coverage. These doctrines include waiver, estoppel, "mend the hold," the requirement of prejudice, and the duty of...

McCarter & English on Dealing with Conflicts of Interest Inherent in Retrospective Premium Policies

By Steven H. Weisman and Anne Matthews, Attorneys, McCarter & English, LLP There is an inherent conflict of interest created by retrospective premium policies not present in the more typical, guaranteed cost policy. In a guaranteed cost policy, the parties' interests are generally aligned...

Duties of Reinsurers – New Appleman on Insurance Law Library Edition, Chapter 74

By Daniel W. Gerber, Jeffrey L. Kingsley, and Clayton D. Waterman Chapter 74 provides a comprehensive analysis of the duties, obligations and limits of reinsurers in reinsurance transactions. Section 74.01 begins by examining the duty of utmost good faith. Section 74.01[1] discusses the cedent's...