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Insurance Litigation Discovery Insurance Industry

Marshall Dennehey

Delaware Supreme Court Denies Transportation Company’s Insurer’s Appeal of Order When Its Insured Defaulted

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Prime Insurance Company v. Cordova, 2024 WL 513706, No. 22, 2024 (Del. Feb. 9, 2024) - This action involved a motor vehicle collision where the named defendants defaulted, and an order was entered against them for failure to...more

Cozen O'Connor

A New Era for Extra-Contractual Damages in Oregon - What We Know and What We Are Learning Six Months Since Moody

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The start of 2024 marked the end of an insurance era in Oregon. On December 29, 2023—the last Friday before the new year—the Oregon Supreme Court issued its much-anticipated decision in Moody v. Oregon Community Credit Union,...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

Pennsylvania Court Denies Stay in Action Filed Against Insurer and Insurance Broker

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An insurance broker sought to stay the plaintiff’s negligence action asserted against it pending a determination on the claims of breach of contract and bad faith alleged against the insurer. The court denied the motion to...more

Kennedys

De Bene Esse depositions: A trial testimony insurance policy

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In the wake of COVID-19, litigators all across the United States are noticing an old, yet infrequently utilized, evidentiary tool emerge to address unexpected trial witness unavailability: the de bene esse deposition. A Latin...more

Weber Gallagher Simpson Stapleton Fires &...

Court Rules That Attorney Client Privilege Waived With Ghost Written Disclaimer Letter

Two courts recently held that a disclaimer drafted by an insurer’s in-house or outside counsel and sent from the adjuster may constitute a waiver of the attorney client privilege. ...more

Kelley Drye & Warren LLP

Privilege and the Tripartite Insurer-Insured-Counsel Relationship

The tripartite insurer-insured-counsel relationship requires the insurer, its insured and the insured’s counsel to communicate with each other in the defense of a claim. In general, all parties work together to come to a...more

Carlton Fields

Florida Federal Court Denies Policyholder’s Motion to Compel Discovery of Reinsurance Agreements Relating to Disability Insurance...

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An insured filed suit in a Florida district court for breach of contract and breach of fiduciary duty in connection with the defendant-carriers’ handling of claims made under the insured’s disability insurance policies....more

Epiq

[Webinar] The intersection of eDiscovery and insurance claims: How insurers can help clients control costs while achieving better,...

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When it comes to controlling costs, no one likes surprises. In today’s increasingly complex world, with ever changing (and exploding!) data sources and evolving technologies, a shift in mindset can help insurers obtain the...more

Neal, Gerber & Eisenberg LLP

Encouraging News for Policyholders Seeking Coverage for COVID-19 Business Interruption Losses

On August 12, 2020, a federal district court delivered a big win for businesses that were shut down due to the COVID-19 pandemic, holding that the presence of COVID-19 on insured property can constitute “direct physical loss”...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

Morris James LLP

Court of Chancery Permits Targeted Jurisdictional Discovery to Seek Proof to Support Non-Frivolous Claim of Personal Jurisdiction

Morris James LLP on

HM Life Ins. Co. v. Wilmington Sav. Fund Soc’y, FSB, C.A. No. 2018-0649-SG (Del. Ch. Apr. 9, 2020). If a plaintiff has pled facts in its complaint to support a non-frivolous claim of personal jurisdiction over a defendant,...more

White and Williams LLP

Coverage Counsel Authors Insurer’s Letters – Leads To Waiver of Attorney-Client Privilege

White and Williams LLP on

The other thing more unexciting than a discovery dispute is reading about someone else’s discovery dispute. But Wednesday’s decision from the Washington federal court in Canyon Estates Condominium Association v. Atain...more

White and Williams LLP

Third Circuit Clarifies Standards Governing Confidentiality of Litigation Documents

White and Williams LLP on

As an update to our April 1, 2019 Reinsurance Alert, the Third Circuit Court of Appeals recently affirmed the U.S. District Court for the Middle District of Pennsylvania’s holding in Pennsylvania National Mutual Casualty...more

Cozen O'Connor

Defending Institutional Bad Faith Claims, Part III – Proof by Other Claims

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In Part I of this series, we explored the differences between institutional and non-institutional bad faith. For claims of institutional bad faith, plaintiffs often attempt to demonstrate a pattern and practice by offering...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

Cozen O'Connor

Defending Institutional Bad Faith Claims, Part I – A Primer on Institutional Bad Faith

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Broadly speaking, there are two types of bad faith claims that may be alleged against an insurance company - traditional or non-institutional bad faith, and institutional bad faith. For the former, a policyholder would seek...more

Perkins Coie

South Carolina Attorney-Client Privilege Ruling Is a Gift to Insurers

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As Law360 recently reported, the South Carolina Supreme Court delivered a gift to insurers facing bad faith claims in that state. The court determined that, where a policyholder brings a bad faith claim against its insurer...more

White and Williams LLP

Sharing Privileged Communications: What Insurers and Reinsurers Need to Know

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To balance the relative information inequality between an insurance company and its reinsurers, insurance companies often provide claim-related documents to their reinsurers. When some of those claim-related documents are...more

White and Williams LLP

Pennsylvania Federal Court Addresses Recurring Asbestos Coverage Issues

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In a pair of recent asbestos coverage decisions, a Pennsylvania federal court issued rulings addressing expedited funding orders, number of “occurrences,” and the applicability of aggregate limits under the Fourth Circuit’s...more

Butler Snow LLP

Bad Faith Insurance Defense and Reliance on Advice of Counsel

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In Mississippi, for a plaintiff to recover punitive damages against an insurance company for bad faith refusal to pay a claim or to fulfill an obligation existing under the terms of an insurance policy, the insured must be...more

Butler Weihmuller Katz Craig LLP

Attorney Client Privilege and Work Product Protection: Brief Overview

Claims investigations involving counsel often include communications relating to his or her understanding of the facts, opinions of relevant law, and recommendations. Oftentimes, claim notes or other claim file materials...more

Carlton Fields

Insurer’s Attempt To Shield Documents From Discovery Through Assertion Of The Mediation Privilege And A Relevancy Objection Is...

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In a breach of contract and bad faith case emanating from an insurer’s refusal to settle an underlying case within policy limits, the insurer was unsuccessful in its attempt to protect documents from discovery by assertion of...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

Carlton Fields

Discovery Dispute In Cost Of Insurance Case Considers Relevance, Statutory Privilege, And Adequacy Of Objections

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In a putative class action alleging that a life insurer engaged in an elaborate scheme to pay stockholders huge dividends by shifting its obligations to reinsurers operating in jurisdictions with weak oversight and...more

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