Bad Faith Sentinel

Standing guard on developments in the law of insurance bad faith around the country

Latest from Bad Faith Sentinel

Insurers Beware: Choice of Law Provisions May be Overridden by Public Policy Provisions In answering two questions posed to it by the Ninth Circuit Court of Appeals, the California Supreme Court on August 29, 2019, addressed two significant issues: 1) whether California’s common law notice-prejudice rule is a fundamental public policy for the purpose of choice of law analysis; and 2) if so, whether the notice-prejudice rule applies to the consent provision of the insurance…
Saul Ewing Blogs | District Court of Appeal of Florida Reverses Summary Judgment for Insurer on Bad Faith Claim Where Issue Remained as to Whether Insurer’s Initial Denial of Coverage Above Policy Sublimit Was Made in Good Faith X Search our Site Suggested Links…
Saul Ewing Blogs | District of Colorado Denies Insurer’s Motion for Summary Judgment on Statutory and Common Law Bad Faith Claims Where Insured Demonstrated Material Factual Issues as to Whether Insurer Acted Unreasonably in Denying Insured’s Claim X Search our Site Suggested Links…
District of Rhode Island Applies Follows Eighth Circuit Rationale as Law of the Case to Allow Claim for Insurance Bad Faith to Proceed Without Claim for Breach of Contract Columbia Casualty Company v. Ironshore Specialty Insurance Company, No. 15-197, 2019 WL 2176306 (D.R.I. May 20, 2019) In a dispute between two insurers arising from the once-largest medical malpractice award in Rhode Island history, the United States District Court for the District of Rhode Island held…
Saul Ewing Blogs | Delaware Superior Court Upholds Motion to Compel Insurer to Produce Defense Medical Examination Reports Because the Reports Were Reasonably Calculated to Lead to Discovery of Admissible Evidence of Insurer’s State of Mind in Bad Faith Litigation X Search our Site Suggested Links…
Saul Ewing Blogs | Seventh Circuit: No Bad Faith Failure to Settle Where Insurer Did Not Believe Adverse Judgment Was Reasonably Probable Despite Recognizing Possibility of Exposure to Damages Beyond Policy Limits X Search our Site Suggested Links…
Washington Court of Appeals Highlights Limitations on Third-Party Standing to Bring Bad Faith and Statutory Claims Against Insurers After her condo unit was damaged by fire and water, Gretchen Michels sued Farmers Insurance Exchange, her condominium association’s insurer, for bad faith and violations of the Washington Consumer Protection Act. As required by the Washington Condominium Act, the condominium association had purchased the Farmers policy to provide coverage to unit owners for liability arising out of…
SUPREME COURT OF GEORGIA HOLDS THAT INSURER’S DUTY TO SETTLE ARISES ONLY WHEN THE INJURED PARTY PRESENTS A VALID OFFER TO SETTLE WITHIN POLICY LIMITS On August 29, 2008, Ronald Jackson (Jackson) caused a multi-vehicle collision. He later died from his injuries. At the time of the collision, First Acceptance Insurance Company of Georgia Inc. (First Acceptance) insured Jackson under a policy with bodily injury liability limits of $25,000 per person/$50,000 per accident. After the…
Saul Ewing Blogs | CONSTRAINED BY RULE 12(B)(6), SOUTH CAROLINA DISTRICT COURT DENIES INSURER’S MOTION TO DISMISS INSURED’S BREACH OF CONTRACT AND BAD FAITH CLAIMS DUE EVEN WHILE DEEMED RECOVERY “VERY REMOTE AND UNLIKELY” X Search our Site Suggested Links…
An insurer successfully defeated a plaintiff’s attempt to keep a bad faith action in state court by “manipulating” federal diversity jurisdiction by naming an individual claims adjuster as a defendant. Capitol Body Shop, Inc. v Allstate Ins. Co., No. 3:18-cv-516, 2019 WL 943414 (S.D. Miss. Feb 26, 2019). After determining that plaintiff failed to plead a viable claim against the claims adjuster, the court granted Allstate’s Motion to Dismiss Improperly Joined Defendant and denied plaintiff’s…