Insurance Industry, Insurance Litigation, Insurer Liability

Insured Made Whole Doctrine: Texas and Washington

White and Williams LLP on 8/26/2024

This episode of Subro Sessions, hosted by associates Zachariah Sigda and Katherine Dempsey, entitled, “Insured Made Whole Doctrine: Texas and Washington State,” dives into the topic of the made whole doctrine. Zachariah and...more

Insurer Doomed in Delaware by the Sutton Rule

White and Williams LLP on 8/15/2023

In Donegal Mut. Ins. Co. v. Thangavel, No. 379, 2022, 2023 Del. LEXIS 227, the Supreme Court of Delaware (Supreme Court) considered whether the Sutton Rule prevented the plaintiff from pursuing subrogation against the...more

Ninth Circuit Confirms that the Two-Year Statute of Limitations in a Bad Faith UM/UIM Claim Begins when the Insured Should Have...

Sheppard Mullin Richter & Hampton LLP on 5/9/2023

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

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

The Cost of Late Notice to Your Company’s Insurer

Burns & Levinson LLP on 1/11/2023

Company leaders—whether the GC, chief executive, or some other officer in charge—often call their outside counsel when a formal claim is made against them, or a dispute appears headed toward formal litigation. What business...more

Petition to Remove Trustee Constitutes Covered Claim

Wiley Rein LLP on 10/12/2021

The Northern District of California has held that an insurer had a duty to defend a trustee against a suit by a trust beneficiary seeking his removal, even though the trustee was not specifically named as a defendant in the...more

Insurance Update - March 2021

Rivkin Radler LLP on 3/18/2021

In our March Insurance Update, we discuss four state supreme court cases and four cybercrime cases. The state high courts address: •From whose perspective should a consent-to-settle provision be judged? •What standard...more

Superior Court Reinforces Established Delaware Insurance Coverage Law that Settlement of a Claim for Less than Policy Limits...

Morris James LLP on 10/14/2020

Pfizer, Inc. v. U.S. Specialty Insurance Company, C.A. No. N18C-01-310 PRW CCLD (Del. Super. Aug. 28, 2020) - On cross-motions for summary judgment in a director and officer insurance coverage dispute, the Superior Court...more

Insurers Beware: One Insurer’s Settlement Can Support a Bad Faith Failure-to-Settle Claim Against a Nonsettling Insurer

Bradley Arant Boult Cummings LLP on 10/4/2019

An insurer defending a claim against an insured that could exceed policy limits has a good faith obligation to settle the claim if possible. Failure to do so puts a nonsettling insurer at grave risk. An Eleventh Circuit...more

Subro Sense Podcast - Made Whole Rule: Lessons Learned From The 9/11 World Trade Center Litigation

Butler Weihmuller Katz Craig LLP on 8/13/2019

The litigation ensuing from the catastrophic events of 9/11 highlighted the importance of addressing “Made Whole” considerations when evaluating subrogation claims. Butler’s Managing Partner, Scott Katz and Partner, Jessica...more

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