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
Tag: Bad Faith 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
What Is the Prescriptive Period for Louisiana First-Party Bad Faith Claims?
Deborah Trotter | Property Insurance Coverage Law Blog | November 27, 2019 Louisiana federal courts have been split on the issue regarding the applicable prescriptive period (statute of limitation) for first-party insureds’ bad faith claims against their insurers. Recently, the Louisiana Supreme Court granted review of Smith v. Citadel Insurance Company, to definitively rule on… Continue reading What Is the Prescriptive Period for Louisiana First-Party Bad Faith Claims?
He Who Represents Himself has a Fool for a Client
Barry Zalma | Zalma on Insurance | November 8, 2019 Release of all Claims Defeats Bad Faith Suit First party property insurers seldom use a release of all claims to resolve a fire claim. The only time a release is used is when there is a serious dispute between the insurer and the insured and… Continue reading He Who Represents Himself has a Fool for a Client