Insurance Industry, Auto Insurance, Summary Judgment

Third DCA Holds that Insurer and Insured Can Agree to Alternative Means of Policy Cancellation

Rumberger | Kirk on 5/29/2024

On April 10, 2024, Florida’s Third District Court of Appeal held that an insurer and its insured can mutually agree on an alternative method of canceling an insurance policy, notwithstanding policy language providing...more

Ninth Circuit Affirms Summary Judgment for Allstate in Bad Faith Claim

Sheppard Mullin Richter & Hampton LLP on 4/27/2023

In an issue of first impression, the Ninth Circuit Court of Appeals affirmed summary judgment for Allstate and held that the two-year statute of limitations for bad faith claims arising out of an uninsured/underinsured...more

Eleventh Circuit Affirms Summary Judgment for UIM Insurer in Alabama Bad Faith Case.

Butler Snow LLP on 9/27/2022

In a recent unpublished opinion, the 11th Circuit upheld summary judgment for an auto insurer on claims of breach of contract, bad faith and outrage stemming from an underinsured motorist (UIM) claim. Voss v. State Farm Mut....more

PTSD May Be Covered As “Bodily Injury” If It Resulted From Physical Injuries, Pennsylvania Appeals Court Holds

White and Williams LLP on 12/9/2019

It has long been the rule in Pennsylvania that a mental or psychological injury generally does not constitute “bodily injury,” as defined in most standard insurance policies, unless that mental or psychological injury results...more

Policy Wording Determines Whether A Single Per Person Limit Applies to Loss of Consortium Claims

Haight Brown & Bonesteel LLP on 10/1/2018

In Jones v. IDS Property Casualty Ins. Co. (No. C084065, filed 9/25/18), a California appeals court found that while there is a split of authority in the case law, under the insurer’s applicable policy wording a wife’s claim...more

Washington Weighs In On The Scope Of Insurance Regulators’ Authority

Pullman & Comley, LLC on 2/17/2017

In January, we reported that California’s Supreme Court had embraced a problematic approach to the state’s Unfair Insurance Practices Act—one that allows the Commissioner of Insurance to create new statutory torts by...more

Second Time Lucky: In Phantom Vehicle Cases, Ohio Insureds Can Now Corroborate Their Own Testimony

Pullman & Comley, LLC on 1/20/2017

Hit-and-run drivers don’t always hit; some motorists recklessly cause accidents without making contact, then vanish from the scene. Victims in such cases can often obtain coverage under the uninsured motorist (UM) provisions...more

Eleventh Circuit Finds No Bad Faith in Multiple-Claimant Claims-Handing Situation

Cozen O'Connor on 9/3/2015

In a new decision, Mesa v. Clarendon National Ins. Co., 2015 WL 5059496, 2015 U.S. App. LEXIS 15203 (11th Cir., Aug. 28, 2015), the Court of Appeals found that the insurer’s claims-handling of multiple claimants did not rise...more

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