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Defense Strategies Insurance Litigation Discovery

Cozen O'Connor

Defending Institutional Bad Faith Claims, Part III – Proof by Other Claims

Cozen O'Connor on

In Part I of this series, we explored the differences between institutional and non-institutional bad faith. For claims of institutional bad faith, plaintiffs often attempt to demonstrate a pattern and practice by offering...more

Cozen O'Connor

Defending Institutional Bad Faith Claims, Part II – Focusing on Plausibility

Cozen O'Connor on

In Part I of this series, we discussed institutional bad faith and best practices for insurers to minimize the risk of these costly and intrusive lawsuits. In Part II, we will focus on cutting discovery off at the...more

Cozen O'Connor

Defending Institutional Bad Faith Claims, Part I – A Primer on Institutional Bad Faith

Cozen O'Connor on

Broadly speaking, there are two types of bad faith claims that may be alleged against an insurance company - traditional or non-institutional bad faith, and institutional bad faith. For the former, a policyholder would seek...more

Perkins Coie

South Carolina Attorney-Client Privilege Ruling Is a Gift to Insurers

Perkins Coie on

As Law360 recently reported, the South Carolina Supreme Court delivered a gift to insurers facing bad faith claims in that state. The court determined that, where a policyholder brings a bad faith claim against its insurer...more

Butler Snow LLP

Bad Faith Insurance Defense and Reliance on Advice of Counsel

Butler Snow LLP on

In Mississippi, for a plaintiff to recover punitive damages against an insurance company for bad faith refusal to pay a claim or to fulfill an obligation existing under the terms of an insurance policy, the insured must be...more

Foley & Lardner LLP

Illinois Appellate Court Recognizes Common Interest Exception to Waiver of Privilege Rule

Foley & Lardner LLP on

On December 7, 2017, an Illinois appellate court held that co-defendants in a case who agree to share information pursuant to their common interest in defeating their litigation opponent do not waive either the...more

Carlton Fields

Court Confirms Interim Arbitration Award Requiring Posting Of Pre-Hearing Security

Carlton Fields on

Respondent moved for an immediate stay of an arbitration of claims relating to the purchase of insurance and to vacate the panel’s interim award requiring the posting of pre-hearing security.  Petitioner moved to confirm the...more

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