Breaking Down Bad Faith: Insurers’ Good Faith Duties and Defending Bad Faith Claims
An Uncompromising Insurer: What is a Policyholder to Do?
Hinshaw Insurance Law TV: Recent Changes in Florida Property Insurance Law and How They Will Affect First Party Insurance
Podcast - The Briefing from the IP Law Blog: Lord of The Rings Author’s Estate Clings to its Precious Trademark, Blocking JRR Token
The Briefing from the IP Law Blog: Lord of The Rings Author’s Estate Clings to its Precious Trademark, Blocking JRR Token
Butler's Thursday Tips #7 | Civil Remedy Notices
Subro Sense Podcast - Considerations In Fixed Funds/Limited Pool Scenarios
Protecting Your Brand in China
In Brodowy v. Progressive Direct Ins. Co., the Ninth Circuit affirms the district court’s granting of Progressive Direct Insurance Company’s (“Progressive”) motion for summary judgment as to claims alleging bad faith and...more
State Farm Mutual Automobile Insurance Company v. Finson, Apr. 17, 2024, 2nd DCA - This appeal followed a trial for underinsured motorist (UM) benefits in which the judge entered a final verdict in the amount of...more
On July 1, 2024, new Virginia Code § 8.01-66.1 became effective and created a new bad faith cause of action that can be significant for underinsured or uninsured (“UIM”) carriers....more
A New Jersey appellate court, applying New Jersey law, has held that the capacity exclusion in a directors and officers policy precluded coverage for a settlement of lawsuits alleging that an insured director defrauded a...more
In the intricate landscape of catastrophic trucking cases and the interplay of multiple layers of liability insurance can resemble a precarious game of Jenga. Each move carries the potential to destabilize the structure,...more
Questions arise when an insurer is faced with multiple claimants and insufficient policy limits to settle all claims. Join partners Colleen E. Hayes and Thomas M. Wester for a discussion of the approaches various...more
Bad Faith in Context - Bad faith most commonly arises in one of three different contexts: (1) in a claim that an insured brings against its own insurer; (2) in a claim that a third-party makes against a policyholder that...more
The start of 2024 marked the end of an insurance era in Oregon. On December 29, 2023—the last Friday before the new year—the Oregon Supreme Court issued its much-anticipated decision in Moody v. Oregon Community Credit Union,...more
The parent of an infant sued Kim Eichle for Eichle’s alleged negligence in serving alcohol to her houseguest, Jacob Russo, who allegedly assaulted the infant, and for negligence in failing to keep the sidewalk at her...more
On June 5, the United States Circuit Court of Appeals for the Fourth Circuit issued an unpublished opinion that provides a blueprint to insurance companies for handling bad faith claims. The Fourth Circuit held in Sellman v....more
A judge from the District of Colorado recently issued an opinion that might leave the door open for long-term care insurers to void policies after the contestability period expires if an insured commits fraud. See Meyer v....more
Claims Made and Reported policies are their own animal. Proper reporting of claims is vital to ensure coverage for any loss. Knowing what constitutes a “claim” that must be reported and when and how to report the claim can be...more
An Ohio federal court, applying Ohio law, has held that a letter threatening a bad faith action against an insured insurance company did not constitute a “Claim” for the purposes of the company’s errors and omissions...more
Ohio presents unique challenges to practitioners handling insurance claims in the state. Join Goldberg Segalla partners Michael A. Hamilton and Sean P. Hvisdas as they host a live, interactive webinar on some of the most...more
The vast majority of extra-contractual/bad faith cases involve a carrier’s failure to secure a release of an insured by accepting a reasonable settlement opportunity within the policy limits. The absence of a reasonable...more
Bad faith is a continuum and must be considered from claims stage to trial. Insurance law veterans Thomas F. Segalla and Colleen M. Murphy will help you understand tools and potential solutions to the challenges faced by...more
DRI’s Insurance Bad Faith and Extra-Contractual Liability Seminar is the preeminent program for insurance executives, claims professionals, and outside counsel who specialize in bad faith insurance litigation. When bad...more
The United States Court of Appeals for the Fourth Circuit, applying South Carolina law, has ruled that an insurer had no duty to defend an insured in a defamation action because its policy provided excess coverage, even where...more
Scott Fetzer Co. v. Am. Home Assur. Co., Inc., 2023-Ohio-3921 - In this 5-2 decision from the Ohio Supreme Court, the majority held that the tort conflict of law rules found in Section 145 of 1 Restatement of the Law 2d,...more
Gulf Coast Injury Centers, LLC a/a/o Craig Jorden v. Allstate Ins. Co., County Court, 13th Judicial Circuit Hillsborough County, Case No: 2021-CC-115756 - The instant suit involved a dispute for personal injury protection...more
In our January insurance update, we include three state cases addressing some less common situations. It’s not often that a pollution exclusion is interpreted in the context of an auto policy. But the South Dakota Supreme...more
In a recent unanimous decision in Wilson v. Louisiana Citizens Property Insurance Corporation, the Louisiana Supreme Court held that bad faith claims against insurance companies are subject to a two-year prescriptive period...more
The United States District Court for the Eastern District of Pennsylvania, applying Pennsylvania law, denied an insurer’s motion for summary judgment on the grounds that a genuine dispute of material fact existed as to...more
Pennsylvania presents unique challenges to practitioners handling insurance claims in the state. Join Goldberg Segalla partners Michael A. Hamilton, Colleen E. Hayes and Sean P. Hvisdas as they host a live, interactive...more
In a recent decision, the Ohio Supreme Court held that Section 145 of the Restatement of the Law 2d, Conflict of Laws must be applied when determining the state law applicable to an insured’s bad faith claim. Noting that bad...more