Tred R. Eyerly | Insurance Law Hawaii | August 14, 2019 The court denied Daubert motions for several experts with the exception of Professor Stempel’s expert testimony opining that the insurer did not act in bad faith Adell Plastics, Inc. v. Mt. Hawley Ins. Co., 2019 U.S. Dist. LEXIS 102942 (D. Md. June 19,… Continue reading Professor Stempel’s Expert Testimony for Insurer Excluded
Month: October 2019
Insurer Not Entitled to Summary Judgment on Construction Defect, Bad Faith Claims
Tred R. Eyerly | Insurance Law Hawaii | August 12, 2019 The federal district court denied the insurer’s motion for summary judgment seeking to establish there was no coverage for construction defect claims and for bad faith. Country Mut. Ins. Co. v. AAA Constr. LLC, 2019 U.S. Dist. LEXIS 115935 (W.D. Okla. July 12,… Continue reading Insurer Not Entitled to Summary Judgment on Construction Defect, Bad Faith Claims
Language in Performance Bond Critical in Determining Surety’s Rights to Complete
Jared Gillman | Saul Ewing Arnstein & Lehr | October 11, 2019 If an owner terminates a contractor due to a contractor default on a bonded project, can the surety hire the same contractor to complete the work under the bond? Depending on the language of the bond, it may be permissible in Florida. Recently,… Continue reading Language in Performance Bond Critical in Determining Surety’s Rights to Complete
Bad Faith Legislation: Good for Insurance Policyholders?
William G. Passannante | PropertyCasualty360 | September 12, 2019 When an insurance company violates its duty of good faith and fair dealing, a policyholder should have a remedy for the insurance company’s breach of duty. In order for insurance purchasers to receive the benefit of their insurance policies, bad faith behavior by insurance companies requires… Continue reading Bad Faith Legislation: Good for Insurance Policyholders?
Washington Supreme Court Holds Claims Adjusters Cannot Be Personally Liable for Bad Faith
Jordan Hess and Terri Sutton | Cozen O’Connor | October 9, 2019 In a closely contested 5-4 decision, the Washington Supreme Court held in Keodalah v. Allstate Insurance Company, et al., Slip. Op. No. 95867-0, ___ P.3d ___ (Oct. 3, 2019), that a claims adjuster cannot be held personally liable to an insured for bad faith.… Continue reading Washington Supreme Court Holds Claims Adjusters Cannot Be Personally Liable for Bad Faith