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)
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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
By mmacdonald
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
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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
By mmacdonald
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
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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
By mmacdonald
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…
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
By mmacdonald
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…
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
By mmacdonald
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
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Washington Court of Appeals Highlights Limitations on Third-Party Standing to Bring Bad Faith and Statutory Claims Against Insurers
By mmacdonald
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…
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
By eplawecki
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…
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”
By eplawecki
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”
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Federal Court Shuts Down Bad Faith Plaintiff’s Attempt At Forum Shopping
By eplawecki
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,…