Oregon Landmark Decision Opens Door to Bad Faith Litigation

Tessan Wess | Gordon Rees Scully Mansukhani For the first time in Oregon, claimants have a legal basis to pursue first-party bad faith claims against insurers. In late December 2023, the Oregon Supreme Court affirmed a 2022 opinion from the Oregon Court of Appeals in Moody v Oregon Community Credit Union and opened the door to bad… Continue reading Oregon Landmark Decision Opens Door to Bad Faith Litigation

December Bad Faith Update: No Request for Defense, No Coverage Problem

Kirk Presley | Presley & Presley With very limited exceptions, liability policies provide insureds with two primary benefits: ­a defense paid for by the insurance carrier and indemnity for covered claims. These benefits to the insured are purchased with premium dollars and remain available if the insured complies with its policy obligations. What is less… Continue reading December Bad Faith Update: No Request for Defense, No Coverage Problem

The Allegation Abbreviation: Louisiana Supreme Court Expedites Bad Faith Insurance Litigation

Chris D’Amour, Paige Franckiewicz and Jeffey Richardson | Adams and Reese In a recent unanimous decision in Wilson v. Louisiana Citizens Property Insurance Corporation, the Louisiana Supreme Court held that bad faith claims against insurance companies are subject to a two-year prescriptive period when a policy states that a breach of contract claim against the insurer… Continue reading The Allegation Abbreviation: Louisiana Supreme Court Expedites Bad Faith Insurance Litigation

LA Supreme Court Clarifies Contract Controls Prescriptive Period For First-Party Bad Faith Claims

Caroline F. Crosby and Hunter Williams C. | Phelps Dunbar The Louisiana Supreme Court recently ruled that an insurance policy’s two-year limitation on the institution of suits by a policyholder creates a two-year prescriptive period for a policyholder’s bad faith claim against the insurer, even though the claim otherwise would have a 10-year prescriptive period. In 2023,… Continue reading LA Supreme Court Clarifies Contract Controls Prescriptive Period For First-Party Bad Faith Claims

Insurer’s Bad Faith is Actionable Tort for Purposes of Choice of Law Analysis

Janeen M. Thomas | SDV Insights When an insurer handles a claim in violation of its duty to act in good faith, policyholders are often eager to sue the insurer for bad faith, seeking extra contractual damages. Before filing suit, however, it is critical that policyholders consider what state’s law applies to the bad faith… Continue reading Insurer’s Bad Faith is Actionable Tort for Purposes of Choice of Law Analysis

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