The United States Court of Appeals for the Fifth Circuit upheld a summary judgment granted to the insurer over a policyholder’s argument that payment of an appraisal award and interest may extinguish an insurer’s liability under contract but not under
Avoiding Insurance Bad Faith
Avoiding Insurance Bad Faith, published by Cozen O'Connor, focuses on legal issues surrounding insurance bad faith claims. The blog covers court rulings on insurer conduct, procedural aspects of bad faith litigation, and the fiduciary duties insurers owe to their insureds. It addresses topics such as claims handling practices, settlement negotiations, and the impact of emerging technologies like artificial intelligence on claims processing. The blog also discusses state-specific developments in bad faith law, including tort reform and evidentiary standards in insurance disputes. It serves as a resource for understanding insurer obligations, insured rights, and litigation strategies in bad faith contexts.
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Troung v. Sanders: Matter of First Impression by the Louisiana Circuit Court of Appeals on “Betterment Deductions” in Third-Party Property Damage Claims
In December 2024, the Louisiana Second Circuit Court of Appeals rendered a significant opinion in Troung v. Sanders, et al., addressing the contentious issue of “betterment deductions” in third- party property damage claims.[1] Louisiana law allows for a betterment…
First United Pentecostal Church: Taking Time to Resolve Doubts as to Liability is Not Bad Faith
By Anne Briard
In a recent decision, First United Pentecostal Church v. Church Mutual Insurance Company, the United States Court of Appeals for the Fifth Circuit reaffirmed the principle that an insured must provide adequate evidence that the insurer’s conduct was “arbitrary, capricious,…