News & Analysis as of

Car Accident Policy Limits Bodily Injury

Presley & Presley

Interpleader Insufficient to Erase Extra-Contractual Exposure

Presley & Presley on

In states that haven’t passed safe harbor legislation, multiple claimants and insufficient limit claims pose certain challenges to insurers in the claims handling stage. Numerous claimants competing for severely limited...more

Presley & Presley

No Settlement Opportunity, No Problem

Presley & Presley on

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

Butler Weihmuller Katz Craig LLP

Good Faith: Plaintiffs’ Complaints About Release Held Invalid

The United States Court of Appeals for the Eleventh Circuit recently addressed the issue of whether tendering a policy limits check on a liability policy with an overbroad release could constitute bad faith. In Pelaez v....more

Michigan Auto Law

Should I cancel No Fault insurance if I move out of Michigan?

Michigan Auto Law on

Michigan auto No Fault insurance is expensive. If you’re planning on moving out of Michigan and becoming a resident of another state, you’re probably looking forward to insuring your car in your new state and cancelling your...more

Butler Weihmuller Katz Craig LLP

The Many Faces Of Multiple Liability Claims: Two Divergent Opinions From The Eleventh Circuit Court Of Appeal

The Eleventh Circuit Court of Appeals recently released two opinions involving multiple liability claims against an insured with insufficient policy limits.  Both cases involved appeals from summary judgment orders in bad...more

Carlton Fields

Back To Basics: The Georgia Court of Appeals Distinguishes Acceptance From Counteroffer

Carlton Fields on

The Georgia Court of Appeals recently reiterated the fundamentals of contract law within the context of insurance settlement negotiations in Yim v. Carr. ...more

Carlton Fields

Nevada Supreme Court Holds That Insurer’s Liability For Breach Of The Duty to Defend Is Not Capped At Policy Limits

Carlton Fields on

In Century Surety Company v. Dana Andrew (Dec. 13, 2018), the Nevada Supreme Court issued an opinion regarding whether, under Nevada law, the liability of an insurer that has breached its duty to defend, but not acted in bad...more

Cozen O'Connor

In Rhode Island, No Duty of Good Faith to Third Party Claimant

Cozen O'Connor on

In Summit Insurance Company v. Stricklett, — A.3d —, No. 2017185APPEALPC12536, 2019 WL 190358, (R.I. Jan. 15, 2019), the Supreme Court of Rhode Island held that – similar to many jurisdictions – the duty to act in a...more

Cozen O'Connor

Alleged Bad Faith Failure to Advise Policyholder of Consequences of Settlement Conduct Causes Insurer to Settle $22 Million...

Cozen O'Connor on

Progressive recently settled a bad faith lawsuit with the guardians of a child injured in a car accident driven by a Progressive policyholder, Earl Lloyd. Progressive faced liability for an underlying judgment in excess of...more

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