In many states, an insurer not only has a duty to timely communicate with its insured and respond to demands for settlement by a claimant asserting a claim regarding the adjustment of a loss, that duty may also include the …

The Duty to Follow-up: How A $25,000 Offer To Settle Turns Into A $7 Million Loss Read more »

Differences between federal court and state court procedure can be important for insurers that find themselves involved in “bad faith” litigation.  If a lawsuit alleging extracontractual claims is filed in federal court, or if it is removable to the federal …

Will Discovery Unlock Your Claim File? Federal or State Court Jurisdiction Could Make The Difference Read more »

Carriers rely on application representations regarding the existence of potential claims.  Sometimes, the carrier learns after the fact that an applicant may not have reported all known potential claims.  What can/should the carrier do?  A recent example is found in …

When is Rescission Based Upon Material Misrepresentations The Proper Course of Action? Read more »