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Presley & Presley

Buffet of Bad Faith Issues

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Standards for extra-contractual recovery vary from state to state to some extent. While the standard for recovery may differ, evidentiary, discovery and interpretation issues overlap and arise in many bad faith cases...more

Cozen O'Connor

The Importance of Experts J&S Welding, Inc. v. Liberty Mutual Insurance Company

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In J&S Welding, Inc. v. Liberty Mutual Insurance Company, the U.S. Court of Appeals reviewed a summary judgment ruling in favor of co-defendant West American Insurance Company (“West American”), issued by the U.S. District...more

White and Williams LLP

Getting Control of an Accident Scene and Ensuring Evidence is Preserved

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The newest episode of the Subro Sessions podcast, hosted by associates, Ryan Bennett and Melissa Kenney, is entitled “Getting Control of an Accident Scene and Ensuring Evidence is Preserved.” Ryan and Melissa discuss fire...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Insurance Coverage/Boatyard Operator: Federal Appellate Court Addresses City of Los Angeles Request for Indemnity for Alleged...

The United States Court of Appeals of the Ninth Circuit (“Ninth Circuit”) addressed in a March 13th memorandum issues arising out of a boatyard operator’s insurance policies. See City of Los Angeles v. Traverlers Indemnity...more

Morris, Manning & Martin, LLP

Foregoing Discovery Leads to Adverse Judgment Against Insurer

Although discovery is costly, skipping it altogether can be far costlier. Indeed, in a recent case in the Second Circuit, an insurer’s decision to skip discovery likely led to it paying more than the insurer bargained for....more

Marshall Dennehey

As a Result of Plaintiff’s Unauthenticated Exhibits and Premature Filing of Suit, Court Sided With Defendant and Strengthened Case...

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At Home Auto Glass, LLC a/a/o James Franks v. State Farm Mutual Auto. Ins. Com., County Court, 9th Judicial Circuit in and for Orange County, Case No. 2020-SC-002807-O, Mar. 20, 2023 - This suit involved a potential...more

Marshall Dennehey

Affidavits Must Be Based on Personal Knowledge, Set Out Facts Admissible in Evidence, Show Affiant’s Competence to Testify on...

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The trial court granted the insurer’s motion for final summary judgment and considered the affidavit of the corporate representative, as well as the attachment. According to the court, the corporate representative is an...more

Goldberg Segalla

[Webinar] Avoiding Pitfalls in Premises Liability – Key Considerations for Premises Liability Claims - July 18th, 12:00 pm - 1:00...

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Premises liability injury or “slip and fall” claims present substantial risk to insureds who have customers or guests in their business or on their property. However, not all premises liability claims are created equal. This...more

Zelle  LLP

Viewpoint: Evidentiary Issues with Google Earth Images in Property Claims

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In recent years, the use of Google Earth’s satellite imagery has become an increasingly common method for locating or viewing specific addresses. Google Earth uses high-resolution cameras to obtain satellite images, which...more

Hinshaw & Culbertson LLP

[Webinar] Defending the Traumatic Brain Injury (“TBI”) Case – The Objective vs. The Subjective - October 12th, 1:30 pm - 2:30 pm...

Hinshaw is pleased to partner with the American Educational Institute and Society of Claim Law Associates for a presentation on Defending the Traumatic Brain Injury ("TBI") Case - The Objective vs. The Subjective. Hinshaw...more

Cozen O'Connor

Texas Supreme Court Crafts “Undisputed Evidence of Collusive Fraud” Exception to Eight-Corners Rule

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In Texas, and as a general rule, only the four corners of the policy and the four corners of the petition against the insured are relevant in deciding whether the duty to defend applies. Richards v. State Farm Lloyds,...more

Cozen O'Connor

Form and Substance: The Importance of Conducting a Proper Investigation of First-Party Claims Under California Law

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A bad faith claim against an insurer often focuses as much on the process of a claims investigation as it does on the substance of a claims decision itself. If the coverage decision was wrong (but not unreasonable), and the...more

Poyner Spruill LLP

The Art of (Cyber) War, Or How A Little Known Policy Exclusion Can Nullify Your Insurance Coverage

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In June 2017, the NotPetya virus crippled many large companies including Merck and Mondelez (the manufacturer of Nabisco, Cadbury, and Toblerone). The aggregated losses, including property damage, operational disruptions, and...more

Carlton Fields

Northern District Of New York Allows Evidence That Follow The Fortunes Or Follow The Settlements Provision Could Be Implied In...

Carlton Fields on

Munich Reinsurance America, Inc. and Utica Mutual Insurance are headed to a bench trial in the United States District Court for the Northern District of New York in a case regarding two facultative reinsurance certificates...more

Steptoe & Johnson PLLC

First Look - Spring Issues 2018

“An insured owes an obligation to cooperate with its insurer. Generally, this duty to cooperate flows from a specific provision in the insurance contract, usually referred to as the ‘cooperation clause.’” However, even if...more

Carlton Fields

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

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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

Carlton Fields

Eleventh Circuit Clarifies “Permanency” Requirement under Florida Bad Faith Statute

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In Cadle v. GEICO Ins. Co., Case No. 15-11283 (11th Cir. Sept. 30, 2016), the Eleventh Circuit held that GEICO had not acted in bad faith when it failed to settle a claim after the insured did not provide any evidence of...more

Faegre Drinker Biddle & Reath LLP

Broadening of Indiana Collateral Source Statute

The issue comes up a lot in personal injury cases: may the defendant introduce the discounted amount the provider actually accepted for medical services as evidence to be weighed against the undiscounted bill the plaintiff...more

Carlton Fields

Potential Secondary Effects of Regulatory Examinations: Evidentiary Issues and Preclusion in Parallel Litigation

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Increasingly aggressive and adversarial examinations by state regulators can expose insurers to troubling evidentiary issues in subsequent individual and class action litigation. Plaintiffs’ counsel may seek to admit into...more

Butler Weihmuller Katz Craig LLP

Eleventh Circuit Affirms Judgment Notwithstanding the Verdict in UIM Bad Faith Case

On Friday, September 30, 2016, the Eleventh Circuit Court of Appeal affirmed a renewed motion for judgment as a matter of law that had been granted by the Middle District Court of Florida in a uninsured/underinsured motorist...more

Carlton Fields

Federal Court Grants Cedents’ Request For Expedited Discovery In Reinsurance Dispute

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A federal court in Georgia recently granted the plaintiffs-cedents’ motion for leave to conduct certain expedited discovery from their reinsurer, holding that the potential prejudice to the cedents if discovery is not allowed...more

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