Monthly Archives: July 2013

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

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 faith litigation strategies for leading outside counsel, in-house counsel and claims professionals in the insurance industry.  Alicia Curran, chair of Cozen O’Connor’s Bad Faith practice, will be present to speak about best practices for claims investigations and litigation decisions. With more than 50 speakers present during the two-day affair, attendees will have the pleasure to meet attorneys and insurance professionals from a vast spectrum of background areas. For more information regarding the 25th National Advanced Forum on Bad Faith Litigation,

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

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 Court for the Northern District of Alabama, Southern Division.  See Alabama Gas Corporation v. Travelers Casualty and Surety Company, et al., Case No. 2:10-CV-01840-IPJ, Document No. 214, June 25, 2013.  Although forty-four (44) states previously decided that a Potentially Responsible Party Notice from the EPA constitutes a “suit” that triggers an insurer’s obligations under a liability policy, the insurer here denied the claim contesting that a PRP notice was not a “suit.”   At the time of the denial, Alabama courts

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

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. Co., 2013 U.S. Dist. LEXIS 76193 (S.D. Cal. May 30, 2013). In that case, the insurer at first rejected and later accepted the insureds’ tender of the underlying lawsuit.  After accepting the tender, the insurer agreed to pay all of the insured’s economic damages incurred in defending the underlying lawsuit and enforcing their claim under the policy.  The insurer, however, refused to pay for emotional distress damages claimed.  The insureds filed suit and the carrier moved to dismiss the complaint

Posted in Bad Faith
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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