LexisNexis® Legal Newsroom
Douglas Scott MacGregor on State Sponsored Homeowner's Insurance, Bad Faith and Sovereign Immunity

The refusal of an increasing number of insurers to issue homeowner's insurance in hurricane prone states has led to state sponsored property insurance programs. In this Analysis, Douglas Scott MacGregor explores the issue of whether a bad faith claim against such a program is barred by the doctrine...

Bad Faith Requires Covered Loss – No Coverage For Hurricane Ike Flood Damage Absent Flood Insurance

By Barry Zalma, Attorney and Consultant Insured Must Prove a Covered Loss Lexington Insurance Company (“Lexington”) challenged a breach of contract and bad faith judgment in favor of JAW The Pointe, LLC (“The Pointe”). Lexington asked the Texas Court of Appeal to reverse...

It's Not "Bad Faith" For Lenders To Stick To The Terms Of Their Agreements With Borrowers

Last Friday, the Appellate Division provided another reminder that it is not “bad faith” for a lender to abide by the terms of its mortgage with a borrower. In Warner v. Sovereign Bank , borrowers fell behind on their residential mortgage and contacted their lender to request a modification...

When The Federal Govt Acts Badly, But Not Badly Enough To Show Bad Faith – What’s A Contractor To Do?

By: Robert K. Cox In the prior issue of this newsletter, we included an article on the high standard of proof and the practical considerations for a federal government contractor claiming that the federal government acted in bad faith in its contract dealings. You responded with the question, suppose...