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Insurance Industry Good Faith

Cozen O'Connor

Next Steps for an Excess Insurer After an Unsuccessful Hammer Letter

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Insurers are frequently asked to satisfy their duty of good faith and fair dealing by entertaining reasonable settlement offers within the combined limits of the policies. However, primary and excess insurers do not always...more

Adams and Reese LLP

New Legislation Takes Aim at Fixing Louisiana’s “Insurance Crisis”

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Affordability and availability of homeowners insurance in Louisiana was top of mind for lawmakers in the 2024 regular legislative session, and several bills have crossed the finish line, recently signed into law by Gov. Jeff...more

Presley & Presley

No Settlement Opportunity, No Problem

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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

Goldberg Segalla

[Webinar] Practical and Tactical Approach to Good Faith Claims Handling in the Current Bad Faith Environment - March 22nd, 12:00...

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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

Rivkin Radler LLP

New York Insurance Coverage Law Update - March 28 2023

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Southern District Finds That Exclusion In HO3 Form Precludes Coverage Even Though Form Inadvertently Omitted From Copy Of Policy Sent To Insured- Scottsdale Insurance Company issued a homeowner’s policy to 232 Dune Road...more

Rumberger | Kirk

Breaking Down Bad Faith: Insurers’ Good Faith Duties and Defending Bad Faith Claims

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Insurance companies facing a bad faith claim are at risk for extra contractual damages—additional damages above the existing limits to a policy. In this episode of Legally Qualified, RumbergerKirk insurance coverage attorneys...more

Rivkin Radler LLP

New York Insurance Coverage Law Update - December 28 2022

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Burlington Insurance Company issued primary policies to a contractor in 2013-14 and 2014-15, and Century was the excess insurer for 2013-14. The contractor was sued for property damage resulting from its construction work...more

Verrill

A Last-Minute Gift – Prescription Drug Reporting Grace Period and Good Faith Relief

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In a move akin to last-minute gift-giving, the Departments of Labor, Health and Human Services, and the Treasury (the “Departments”) released FAQ 56 on December 23, 2022, which provides relief regarding the Prescription Drug...more

Foley & Lardner LLP

CMS Extends Delayed Enforcement of the Good Faith Estimate

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On Friday, December 2, 2022, the Centers for Medicare & Medicaid Services (CMS) issued an FAQ regarding the Good Faith Estimate (GFE) and Convening Provider/Facility requirements in the Federal No Surprises Act. The issued...more

Wiley Rein LLP

Insurer’s Declaratory Judgment Complaint Plausibly Alleges Violation of Cooperation Clause at Motion to Dismiss Phase

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The United States District Court for the Northern District of Illinois, applying Illinois law, has held that an insurer’s complaint plausibly alleged that the insured had breached the terms of the policy’s cooperation clause....more

Maron Marvel

McDill Tenders in Louisiana: How An UM/UIM Insurer Can Avoid Penalties and Attorney’s Fees

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Louisiana insurers who provide uninsured/underinsured motorist coverage are often asked for a “McDill tender” by a claimant, and it’s important for the insurer to know its obligations when responding to such a request....more

Rivkin Radler LLP

Insurance Update - May 18 2022

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You’ll find some notable decisions in our May Insurance Update. Appeals over pandemic-related business interruption losses have made their way up to state high courts. And so far, these courts have continued the trend...more

White and Williams LLP

District of New Jersey Court Clarifies Primary Insurer’s Duty of Good Faith to Excess Insurer

A primary insurer has a duty of good faith to an excess insurer to attempt to negotiate a settlement with a third-party claimant within the primary insurer’s limits. However, determining whether that duty of good faith was...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

An IRS Holiday Gift: 2019 Affordable Care Act Reporting Relief

The Internal Revenue Service (IRS) issued Notice 2019-63 on December 2, 2019 providing some relief from Affordable Care Act (ACA) reporting requirements. The notice provides relief consistent with that provided in the past...more

White and Williams LLP

Washington Supreme Court: Adjusters Can’t Be Sued for Bad Faith

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Earlier today the Washington Supreme Court issued its highly-anticipated decision in Keodalah v. Allstate Insurance Company. The coverage community was anxiously waiting to learn if an employee claims adjuster could be sued...more

Cozen O'Connor

Massachusetts: Third-Party Claim Handler Made Reasonable, Prompt Efforts to Settle Nursing Home Liability Claim, and Therefore Was...

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On March 18, 2019, the First Circuit Court of Appeals affirmed a decision holding that Sedgwick Claims Management Services made reasonable and prompt efforts to settle a nursing home liability claim, and therefore was not...more

Payne & Fears

Victory for Policyholders - An Insurer's Breach of the Duty to Defend Opens Up Policy Limits

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Insurance companies can no longer breach the duty to defend believing that, as long as they act in good faith, their potential liability is capped at policy limits or any costs incurred by the insured in mounting a defense....more

Bradley Arant Boult Cummings LLP

Alabama’s Act Aimed at Prohibiting Financial Abuse of Elders – Should It Be Expanded to Cover Insurers and Insurance Agents?

Alabama’s Elder Abuse Act attempts to protect financial abuse of elders. But by not including insurance companies and insurance agents, does the Act go far enough?...more

Saul Ewing LLP

Arizona Worker’s Comp. Carriers: Enforce Your Lien, But Offer to Reduce it, Too

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The Arizona Supreme Court, in Twin City Fire Ins. Co. v. Leija, -- P.3d --- , 2018 WL 3651026 (Ariz. Aug. 2, 2018), affirmed worker's compensation insurance carriers' ability to enforce a statutory lien against beneficiary...more

Carlton Fields

District Of South Carolina Denies Motion To Dismiss Action Involving Fronting Relationship

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Applying Delaware law, a South Carolina District Court found Plaintiff had properly pled its causes of action for breach of contract, breach of fiduciary duty, negligence/gross negligence and negligent misrepresentation...more

Pullman & Comley, LLC

Point of Interest: Sixth Circuit Complicates Sureties’ Duty Of “Good Faith”

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A hefty body of law declares that “suretyship is not insurance,” and so that sureties are not subject to claims for the tort of insurance bad faith. E.g., Upper Pottsgrove Township v. Internat’l Fidelity Ins. Co., 976...more

K&L Gates LLP

The Misrepresentation Defense Strikes Again

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In May of this year, the United States Court of Appeals for the Second Circuit handed down a decision that illustrates, once again, the effective use by insurers of the misrepresentation defense to void their policies on the...more

Carlton Fields

New York Appellate Court Affirms Denial Of Competing Summary Judgment Motions In Reinsurance Dispute

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In a short, unanimous opinion, the New York Appellate Division, First Department, affirmed a trial court’s ruling that genuine issues of fact precluded it from granting summary judgment to a reinsurer or the plaintiff-cedents...more

Carlton Fields

Conflict Resolution: Illinois Appellate Court Finds No Conflict in Defending Two Insureds, and No Duty of Primary to Excess...

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When an insurer defends its insured under a liability policy, the insurer has a duty to act in good faith to the insured in responding to settlement offers. In Illinois Emcasco Insurance Co. v. Nationwide Mutual Insurance...more

Carlton Fields

District Court Won’t Allow Insurer To “Repackage” Its Breach Of Utmost Good Faith Claims

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We previously reported on Old Republic National Title Insurance Co. v. First American Title Insurance Co., in which the court partially dismissed First American’s claim for breach of good faith and fair dealing to the extent...more

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