Monthly Archives: January 2015

Arizona Court of Appeals Finds No Implied Waiver of Insurer’s Attorney Client Privilege by Defending a Bad Faith Case Based on Subjective Good Faith Defense

  A recent Arizona Court of Appeals decision, Everest Indemnity Insurance Company v. the Hon. John Rea, Judge of Sup. Ct of State of Az., 2015 WL 195450, addresses the attorney-client privilege in a bad faith case.  Everest examines a highly fact sensitive and jurisdictionally specific issue of when an “implied waiver” of the attorney-client privilege occurs, even though the insurer has not asserted advice of counsel as a defense to a bad faith claim.  The Court held that as long as the insurer had not put the legal advice that it received at issue in the pending litigation, an insurer defending against a bad faith case based on its subjective good faith, did not waive the attorney client privilege. 

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Florida’s Claims Administration Statute – Use It or Lose Your “Coverage Defense”

  Any Insurer issuing liability policies in Florida should be aware of the requirement of Florida’s Claims Administration Statute, § 627.426, or risk waiving viable “coverage defenses.”  The definition of “coverage defense” under the statute has been the subject of considerable litigation in Florida for many years.  Under current Florida law, however, “coverage defense” refers to an insurer’s reliance upon a insured’s alleged breach of a policy condition in a third-party liability policy.  In most instances, “coverage defense” indicates: late notice of a claim; failure to cooperate; refusal to submit to an examination under oath; or a settlement without the consent of the insurer. The first section of Florida’s Claims Administration Statute permits an insurer to take certain actions without

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Nevada Court Holds One-Year Suit Limitation Provision Does Not Bar Bad Faith or UCPA Claims

Property insurance policies commonly contain a suit limitation provision which generally provides that an insured cannot file suit against the insurer unless the action is brought within one or two years of the date of loss.  While such provisions are generally enforced throughout the country, jurisdictions vary on the type of claims that suit limitation bars.   Recently, in Queensridge Towers, LLC v. Allianz Global Risks U.S. Ins. Co., 2014 WL 7359093, 2014 U.S. Dist. LEXIS 177433 (D.Nev., Dec. 24, 2014), a district court in Nevada held that a one-year suit limitation provision applies only to breach of contract claims against the insurer and does not bar bad faith or UCPA claims. Plaintiff was the owner and developer of a condominium

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Avoiding Insurance Bad Faith
Cozen O’Connor represents insurance clients in jurisdictions throughout the U.S. against statutory and common law first- and third-party extracontractual claims for actual and consequential damages, penalties, punitive and exemplary damages, attorneys’ fees and costs, and coverage payments. Whether bad faith claims are addenda to a broader coverage matter or are central to the complaint, Cozen O’Connor attorneys know how to efficiently respond to extracontractual causes of action. More
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