Michele N. Detherage | Robins Kaplan | November 15, 2019 New guidance from the Georgia Supreme Court re: an insurer’s duty to settle The issue of whether an insurer has fulfilled its duty to settle in good faith was recently litigated in Georgia. Under Georgia law “[a]n insurance company may be liable for the excess… Continue reading “That Settles It”: The Georgia Supreme Court Provides Clarity Regarding an Insurer’s Duty to Settle
Category: Insurance
Overcoming the Prejudice of Late Reporting
Kyle Staggs | Property Insurance Coverage Law Blog | November 25, 2019 The Florida Third District Court of Appeal recently found that when a policyholder failed to substantially comply with a post-loss obligation, the insurance company is presumed to have been prejudiced by the breach.1 The burden then shifts to the policyholder to show that the… Continue reading Overcoming the Prejudice of Late Reporting
There is an Obligation for the Insured to Read an Insurance Policy
Barry Zalma | Property Insurance Coverage Law Blog | November 21, 2019 (NOTE: This guest post is by Barry Zalma, Esq., CFE.1 Barry Zelma is a prolific writer and scholar in the field of insurance. I have purchased numerous publications from Barry. I am currently reading a book on legal ethics he wrote, The Little Book on Ethics For… Continue reading There is an Obligation for the Insured to Read an Insurance Policy
Bad Faith Damages Against Surplus Line Insurers Might Not Be Capped in Illinois
Paul Walker-Bright | Neal, Gerber & Eisenberg | November 15, 2019 I recently had occasion to read through the Illinois Surplus Line Law in detail when I noticed something interesting: surplus lines insurance companies may not be subject to the cap on bad faith damages usually applied to claims against insurers in Illinois. Allow me… Continue reading Bad Faith Damages Against Surplus Line Insurers Might Not Be Capped in Illinois
Insurance Company’s Reservation of Rights Letter Negates its Interest in the Litigation
Frank Ingham | Colorado Construction Litigation | October 11, 2019 The Colorado Court of Appeals held that an insurance company, which issues a reservation of rights letter to its insured, loses its interest in the litigation, pursuant to C.R.C.P. 24(a)(2), when the insured settles the claims and assigns the bad faith action against the insurance… Continue reading Insurance Company’s Reservation of Rights Letter Negates its Interest in the Litigation