The American Conference Institute is holding the 26th National Advanced Forum on Bad Faith Litigation from November 21st to November 22nd in Miami, Florida. The forum shapes the future of bad faith litigation strategies for leading outside counsel, in-house counsel …

Nejat Ahmed Presents At The ACI 26th National Advanced Forum On Bad Faith Litigation in Miami, Florida Read more »

In Lexington Insurance Company v. Jaw The Pointe, LLC, 2013 WL 3968445 (Houston [14th Dist.] August 1, 2013) the dispute arose from Hurricane Ike-related damage to an apartment complex in Galveston, Texas. The property sustained both wind and flood damage. …

Except In Two Circumstances, There Can Be No Claim For Bad Faith Without A Breach of The Contract – The Houston Fourteenth Court of Appeal Reconfirms Read more »

The American Conference Institute (ACI), will be holding the 25th National Advanced Forum on Bad Faith Litigation from July 30th to July 31st at the Sheraton Fisherman’s Wharf Hotel in San Francisco, California. The forum shapes the future of bad …

Alicia Curran, Chair of Cozen O’Connor’s Bad Faith Practice, to Present at ACI 25th National Advance Forum on Bad Faith Litigation in San Francisco Read more »

A policyholder’s tort claim for the bad faith refusal to pay a claim was dismissed as a matter of law where a legitimate dispute existed as to coverage liability at the time of the coverage decision by the U.S. District …

In Alabama, Bad Faith Claim Defeated As A Matter Of Law Though Basis For Coverage Denial Was Debatable Read more »

The United States District Court for the Southern District of California recently considered whether the carrier’s late payment of the insureds’ economic damages eliminated a claim for bad faith and held that it does not. Polcyn v. Liberty Mut’l Ins. …

A Claim for Bad Faith is Not Eliminated By A Late Payment of the Insured’s Economic Damages Read more »

Just because there is no insurance policy may not mean there is no cause of action for bad faith according to a recent Hawaii Supreme Court decision analyzing the Joint Underwriting Program (“JUP”) statute.  Willis v. Swain case. — P.3d …

Think You Cannot Be Sued For Bad Faith Because You Haven’t Issued A Policy to A Plan Participant? Think Again . . . Read more »

A federal trial court in Iowa confirmed that first-party bad faith claims may be cognizable against both insurers and self-insured employers.  In Spencer v. Annett Holdings, Inc., 905 F.Supp.2d 953 (S.D. Iowa, Nov. 27, 2012), an over-the-road truck driver who …

Bad Faith Claims Permitted Against Self-Insured Employers In Iowa – “Fairly Debatable” Defense Precludes Finding This Time Read more »

The New York Court of Appeals, the state’s highest court, recently held that an insurer that breached its duty to defend could not later rely on otherwise applicable exclusions to deny coverage for indemnification. Under this apparently new rule, an …

New York Court of Appeals to Insurers: If You Breach Your Duty to Defend, You May Lose Your Defenses to Indemnification Read more »