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

The Importance of a Rule 30(b)(6) Deposition

Daniel Ballard | Property Insurance Coverage Law Blog | November 14, 2019 A tool that every policyholder attorney should use is the 30(b)(6) deposition. This is when the policyholder attorney requests the Defendant Insurance Carrier to designate “one or more officers, directors, or managing agents, or designate other persons who consent to testify on its… Continue reading The Importance of a Rule 30(b)(6) Deposition

Claims Made Insurance Policies

David Adelstein | Florida Construction Legal Updates | August 11, 2019 “Claims-made policies are common in the professional liability insurance market. They “differ from traditional ‘occurrence’-based policies primarily based upon the scope of the risk against which they insure.” With claims-made policies, coverage is provided only where the act giving rise to coverage “is discovered and brought… Continue reading Claims Made Insurance Policies

Attacking Those That Help Policyholders Rebuild, Make Claims, and Battle Insurance Companies

Chip Merlin | Property Insurance Coverage Law Blog | November 4, 2019 The Tampa Bay Times published an article yesterday which should be of concern to all policyholders. Florida’s elected official who then overseas the Department of Financial Services is calling for a 30-day time period for policyholders to cancel public adjusting contracts. One can imagine what is… Continue reading Attacking Those That Help Policyholders Rebuild, Make Claims, and Battle Insurance Companies