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
Tag: Bad Faith Claims
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
Two Worthy Insurance Topics: (1) Bad Faith, and (2) Settling Without Insurer’s Consent
David Adelstein | Florida Construction Legal Updates The recent Eleventh Circuit Court of Appeals’ decision, American Builders Insurance Company v. Southern-Owners Insurance Company, 56 F.4th 938 (11th Cir. 2023), is an insurer versus insurer case that touches on two important insurance topics: (1) common law bad faith against an insurance company, and (2) an insurer’s affirmative defense that an… Continue reading Two Worthy Insurance Topics: (1) Bad Faith, and (2) Settling Without Insurer’s Consent
Minnesota Just Made It Harder For Insureds To Claim ‘Bad Faith
Matthew S. Jones | Freeman Mathis & Gary In the matter entitled Fishbowl Solutions v. Hanover Ins. Co., the United States District Court for Minnesota affirmed a Magistrate Judge’s Order denying an insured’s motion to amend the complaint to allege “bad faith.” The insured purchased a technology professional liability policy. When a third-party fraudster obtained… Continue reading Minnesota Just Made It Harder For Insureds To Claim ‘Bad Faith