Richard W. Boone, Jr. | Wilson Elser Insurance bad faith litigation remains one of the most significant areas of exposure for carriers in the United States. Rooted in the implied covenant of good faith and fair dealing present in every insurance contract, bad faith claims can expose insurers to extra-contractual damages far exceeding policy limits,… Continue reading Defending Against Insurance Bad Faith Claims: Strategies for Summary Judgment in Bad Faith Actions
Tag: Insurance Bad Faith
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
Sweeping Changes To “Bad Faith” In Florida
J. Blake Hunter | Butler Weihmuller Katz Craig After twelve (12) years of effort, and in what now seems like a blink of an eye during this legislative session, Governor DeSantis signed HB 837/SB 236 into law. This new legislation makes sweeping changes to “bad faith” law in Florida. This blog will summarize these changes… Continue reading Sweeping Changes To “Bad Faith” In Florida
Arizona Appellate Court Determines Standard for Aiding and Abetting Bad Faith Claims
Patrick Gorman | Jones, Skelton & Hochuli The Arizona Court of Appeals recently analyzed a question that often plagues the removal of an insurance bad faith case to federal court: what is the standard to state a claim against an alleged aider and abettor of a bad faith claim? In Iglesia de Jesucristo Minesterios v. Brotherhood… Continue reading Arizona Appellate Court Determines Standard for Aiding and Abetting Bad Faith Claims
Insurer in Bad Faith Due to Adjuster’s Failure to Keep Abreast of Case Law
Tred R. Eyerly | Insurance Law Hawaii The federal district court found that the insurer acted in bad faith when the claim was denied based on the adjuster’s lack of knowledge of recent case law in Washington. Sec. Nat’l Ins. Co. v. Constr. Assocs. of Spokane, 2022 U.S. Dist. LEXIS 53533 (E.D. Wash. March… Continue reading Insurer in Bad Faith Due to Adjuster’s Failure to Keep Abreast of Case Law