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Insurance Litigation Insurance Industry Punitive Damages

Marshall Dennehey

Pennsylvania Supreme Court Holds that Trial Courts May Award Treble Damages Without Regard to a Punitive Damages Award on Related...

Marshall Dennehey on

Dwyer v. Ameriprise Financial, No. 2 WAP 2023 (Pa. April 25, 2024) (Op. by Wecht, J.) (Brobson, J., Concurring and Dissenting) - Following a jury trial, the plaintiffs were awarded punitive damages against their life...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

Cozen O'Connor on

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

Hinshaw & Culbertson LLP

Hinshaw Insurance Law TV | Bad Faith Law

Scott Seaman, Co-Chair of Hinshaw’s global Insurance Services Practice Group, is joined by Hilary Harmsworth and Sam Vardy of Howden Insurance Brokers to introduce a new fifty-state survey on U.S. bad faith law and to briefly...more

Marshall Dennehey

Pa. Supreme Court Evaluates Constitutional Parameters of a Jury’s Punitive Damage Award

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While it is well known that an insured has a clear and convincing standard of proving bad faith in order to recover such damages, it is lesser recognized that an insured does not have to prove outrageous conduct or evil...more

Wiley Rein LLP

California Court Asserts Insurer Bad Faith

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The United States District Court for the Southern District of California, applying California law, has held that a professional liability insurer acted in bad faith by unreasonably maintaining its position that its policy did...more

Sheppard Mullin Richter & Hampton LLP

Insurance Team Year End Review

Throughout 2022, Sheppard Mullin’s insurance practice group demonstrated excellence in all stages of litigation, continuing to solidify its role as trusted counsel to the nation’s leading insurers, including Liberty Mutual,...more

Zuckerman Spaeder LLP

In Nevada, Jury Finds against United Healthcare’s Efforts To Underpay for Emergency Medical Services and Generate Profits for...

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On November 29, 2021, a jury in Nevada found United Healthcare liable for underpaying TeamHealth, a nationwide provider of emergency medical services, by millions of dollars. The case, Fremont Emergency Services vs....more

Dickinson Wright

Sixth Circuit Allows Both Punitive Damages and Bad Faith Damages Against Insurance Company on Bad Faith Refusal to Pay

Dickinson Wright on

Recently, the United States Court of Appeals for the Sixth Circuit, in Lindenberg v. Jackson Nat’l Life Ins. Co., 912 F.3d 348 (6th Cir. 2018), ruled that a plaintiff may recover both bad faith damages and punitive damages...more

Saul Ewing LLP

Not in Time: Complaint Remanded Where Insurer "Should Have Known" That the Amount in Controversy Exceeded the Jurisdictional...

Saul Ewing LLP on

After their living room ceiling collapsed, Heather and David Hutchinson submitted a claim for approximately $25,000 in damages to State Farm Fire & Casualty Company under their homeowners' policy. State Farm denied the claim...more

Carlton Fields

SDNY Ruling Narrows Claims in COI Suit

Carlton Fields on

In EFG Bank AG, Cayman Branch v. AXA and The Duffy 2004 LLC v. AXA, in a February 14 ruling, AXA Equitable Life Insurance Company earned a sweet victory on its motion for partial dismissal of the complaints in two...more

Carlton Fields

Dot The I’s And Cross The T’s: The Importance Of Clarity In Claim Communications And The Availability Of Punitive Damages For An...

Carlton Fields on

The Georgia Court of Appeals recently made waves in Hughes v. First Acceptance Insurance Company of Georgia, Inc., 343 Ga. App. 693 (2017). First, it aggrandized the role of a jury in determining the existence of an offer to...more

Mayer Brown

Ninth Circuit Issues Mixed-Bag Decision On Punitive Damages In Insurance Bad-Faith Case

Mayer Brown on

The Ninth Circuit recently issued an unpublished memorandum opinion reducing a $2.5 million punitive award against GEICO to $1,064,282.44—four times the compensatory damages—in a Montana insurance bad-faith case. When it...more

Butler Weihmuller Katz Craig LLP

Holy Harleysville! – The Rules Governing RORs, Intervention, and More in South Carolina Have Just Changed

For insurers, litigating third-party coverage disputes in South Carolina has always proved formidable. Insurers can be liable for “bad faith” even if there is no coverage; they may be required to pay an insured’s attorney’s...more

Carlton Fields

Reading the Crystal Ball: Reservation of Rights Letters under South Carolina Law in the Wake of Harleysville Group Insurance v....

Carlton Fields on

The South Carolina Supreme Court recently took a firm stance on what constitutes a sufficient reservation of rights letter in Harleysville Group Insurance v. Heritage Communities, Inc., et al., — S.E.2d — , No. 2013-001281,...more

Mayer Brown

Mayer Brown Submits Amicus Brief For Chamber Of Commerce, American Tort Reform Association, And American Insurance Association In...

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Seemingly minor legal issues sometimes can have a surprisingly significant effect. That is particularly true with the ratio guidepost because the effect of any dispute about the guidepost’s application is literally...more

Haight Brown & Bonesteel LLP

Appeals Court Explains Punitive Damages Awards For Extreme Reprehensibility Or Unusually Small, Hard-To-Detect Or Hard-To-Measure...

In Nickerson v. Stonebridge Life Ins. Co. (No. B234271A, filed 11/3/16), (“Nickerson II”) a California appeals court outlined the requirements for complying with the single-digit multiplier annunciated as a Constitutional...more

Mayer Brown

Third Circuit Holds That Under Pennsylvania Law An Insured Against Whom Punitive Damages Have Been Imposed May Not Recover Those...

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As a matter of public policy, Pennsylvania (like a number of other states) prohibits insuring against punitive damages. But what happens if an insurer refuses to settle a case against a policyholder within policy limits and...more

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