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Insurance Industry Insurance Litigation Litigation Strategies

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

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

Lowenstein Sandler LLP

Mass Arbitrations: Who Pays? Part II

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Host Lynda A. Bennett, Chair of the Insurance Recovery practice at Lowenstein Sandler, welcomes back Freda L. Wolfson, Michael A. Kaplan, and Ruth Fong Zimmerman to continue their discussion on mass arbitration and...more

Sheppard Mullin Richter & Hampton LLP

[Webinar] Emerging Claims Involving Insurance Class Actions - November 9th, 10:00 am - 10:45 am PT

This presentation will offer insight and strategies against emerging insurance class action claims in California involving a variety of topics, including total loss auto claims, wildfire smoke and Covid-19 claims, and...more

Payne & Fears

Policyholders Should Be Skeptical of Coverage Denials, Court of Appeal Warns

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On May 5, 2023, the California Court of Appeal for the Second District released a policyholder-friendly decision reiterating the importance of an insurer’s duty to defend. The case also is a reminder to policyholders to...more

Hinshaw & Culbertson - Insights for Insurers

Updated Social Inflation Survival Guide: The Dangerous Triple Barrel Threat of Social Inflation, Economic Inflation, and...

Updated Social Inflation Survival Guide - Insurance professionals and counsel deal with it on a daily basis, plaintiffs' personal injury lawyers are driving and benefiting from it, consumers and policyholders are paying...more

Hinshaw & Culbertson - Insights for Insurers

The Social Inflation Survival Guide: Identifying and Surviving the Dangerous Triple Barrel Threat of Social Inflation, Economic...

This White Paper takes a comprehensive look at social inflation, identifying the causes, scope, and costs of social inflation. It also examines the risks and challenges insurers and their policyholders confront as a result...more

Ervin Cohen & Jessup LLP

Getting Your Insurer To Favorably Resolve Litigation

Ervin Cohen & Jessup LLP on

Where a liability carrier has assumed its insured’s defense under a reservation of rights, a variety of conflicts between those parties may arise when there are settlement discussions to resolve the underlying litigation....more

Esquire Deposition Solutions, LLC

The Deposition Service Provider’s Role in Trimming Insurance Industry Expenses

Back in 2017, we wrote about the impact that modern deposition management services can have on the leading impediments to insurance company profitability: unallocated loss adjustment expenses (ULAE), allocated loss adjustment...more

Miles Mediation & Arbitration

Why Are Insurance Subrogation Recoveries So Hard Fought? A View from the Inside.

“Don’t worry, we will get it back in subrogation.” These words are often heard in the insurance claims world to soften the blow of a significant settlement or judgment. They might be said to support an account`s deteriorating...more

McDermott Will & Emery

[Webinar] Navigating Uncertainty In A COVID/Post-COVID World Series | Part One: Proactive Strategies To Implement Now In Order To...

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As in-house teams and their outside counsel providers move beyond the early risks and challenges presented by the COVID-19 pandemic, new insights are forming around the next wave of concerns your company should be thinking...more

Cozen O'Connor

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

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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

Holland & Hart - Your Trial Message

Expect Bias Against the Insurer

It is an odd business relationship. As far as the customers go, they’re buying a service that they truly hope they will never need. For the companies, the ideal customer is the one they never meet, the one who pays their...more

Pillsbury - Policyholder Pulse blog

Forging New Paths: Incorporating Appellate Strategies into Insurance Litigation

Claim analysis and pre-trial preparation can sometimes become so focused on determining what the law is that lawyers lose sight of our ability to change that law. In some cases, that means discovering and arguing new legal...more

Butler Snow LLP

Do you really need a court to tell you what the insurance policy covers? Litigating insurance coverage issues? When and how to...

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No one should know what an insurance policy covers better than the insurer itself. After all, the insurer wrote the policy, right? Yet there are times when coverage questions arise that even the drafter of the policy cannot...more

Carlton Fields

Northern District Of Georgia Orders Cedent To Produce Information On Its Payment Of Claims

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Defendant Golden Isles Reinsurance Company, Limited (“Golden Isles”) sought detailed information regarding individual claims Canal Insurance Company (“Canal”) submitted for reimbursement under the parties’ reinsurance...more

Farella Braun + Martel LLP

The Ramifications of a Less-Than-Thorough Investigation

An insurance carrier has declined to defend a claim asserted against its insured, arguably without meeting its obligation to investigate the claim. For whatever reason — a change in personnel, loss of a file, or some other...more

Cozen O'Connor

Texas Reforms Insurance Litigation – Section 542A of the Texas Insurance Code 60 Days to Get Your House in Order

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Texas has finally enacted statutory reforms specifically designed to combat abusive insurance litigation. Enacted primarily in response to hailstorm lawsuits, the scope of the reforms are much broader. Effective September 1,...more

Dickinson Wright

Be Careful What and Who You Tell: Limitations on Defense Counsel Reporting

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Almost 40 years ago the Arizona Supreme Court issued an opinion which has had a far-reaching impact on how insurance defense counsel report to the defending carrier....more

Robins Kaplan LLP

The Value of a Strategic Approach to Insurance Coverage Disputes

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Robins Kaplan partner and co-chair of our retail industry practice group, Anne Lockner, recently published an InsideCounsel article about the distinction between being aggressive and being strategic in litigation and...more

Butler Weihmuller Katz Craig LLP

What Is An Offer of Judgment And Can It Really Lower the Cost of or Shorten Litigation?

Insurance coverage litigation today is often time consuming and expensive. Many cases include claims for “bad faith” damages, and some cases seek punitive damages. To support their allegations, litigants will usually seek a...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

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