Shayla Bivins | Drew Eckl & Farnham Federal diversity jurisdiction is established where 1) the opposing parties to a lawsuit are citizens of different states and 2) the amount in controversy exceeds $75,000.1 To successfully remove a state court action to federal court based on diversity jurisdiction, defendants must prove by a preponderance of the… Continue reading A Catch 22: The Interplay Between Bad Faith And Removal
Tag: Bad Faith Claims
A New Bad Faith Trend Emerges in COVID-19 Business Interruption Litigation
Gregory Gidus | Property Casualty Focus With governments across the world ordering the shutdown of restaurants, bars, and other “non-essential” businesses due to the COVID-19 pandemic, business interruption insurance claims are, not surprisingly, on the rise. While typical commercial property policies require “direct physical loss or damage” to property — a requirement that is unlikely satisfied… Continue reading A New Bad Faith Trend Emerges in COVID-19 Business Interruption Litigation
Defending Institutional Bad Faith Claims, Part III – Proof By Other Claims
John David Dickenson and Chad A. Pasternack | Cozen O’Connor | November 27, 2019 In Part I of this series, we explored the differences between institutional and non-institutional bad faith. For claims of institutional bad faith, plaintiffs often attempt to demonstrate a pattern and practice by offering evidence of claims of other policyholders. Unlike claims of institutional… Continue reading Defending Institutional Bad Faith Claims, Part III – Proof By Other Claims
Defending Institutional Bad Faith Claims, Part II – Focusing On Plausibility
John David Dickenson and Chad A. Pasternack | Cozen O’Connor | November 26, 2019 In Part I of this series, we discussed institutional bad faith and best practices for insurers to minimize the risk of these costly and intrusive lawsuits. In Part II, we will focus on cutting discovery off at the pleadings—by narrowing the plaintiff’s claim,… Continue reading Defending Institutional Bad Faith Claims, Part II – Focusing On Plausibility
Defending Institutional Bad Faith Claims, Part I – A Primer On Institutional Bad Faith
John David Dickenson and Chad A. Pasternack | Cozen O’Connor | November 26, 2019 Broadly speaking, there are two types of bad faith claims that may be alleged against an insurance company—traditional or non-institutional bad faith, and institutional bad faith. For the former, a policyholder would seek to hold an insurer liable for its acts… Continue reading Defending Institutional Bad Faith Claims, Part I – A Primer On Institutional Bad Faith