Don’t Let a Little Concealer Ruin Your Coverage Defenses
May an insurer in New York delay asserting (or conceal, according to Estee Lauder) a late …
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Year: 2016
Texas Supreme Court to Decide Whether a Policyholder Can Recover Damages When The Carrier Does Not Breach the Policy
According to both the appellant and the appellee, the Texas Supreme Court already decided this issue. …
Missouri Federal Court Identifies Roadblocks For An Excess Carriers’ Claim For Attorney Fees Against Primary Carrier
The court’s decision in Axis Specialty Insurance Company v. New Hampshire Insurance Company highlights the scope of …
California Supreme Court Invites Suits against Defendants Doing Any Business in California
In a hotly contested 4-3 decision, the California Supreme Court in Bristol-Myers Squibb Company v. The …
Expanding When Liability is “Reasonably Clear”: Massachusetts Court Chips Away at Bad Faith Counterarguments
Earlier this month, a Massachusetts Appellate Court affirmed a trial court’s award of bad faith damages …
“Low-Ball” Settlement Offer On Its Own Is Insufficient To Support A Claim for Bad Faith Under Pennsylvania Law
A low-ball settlement offer on its own is not enough to state a claim for a …
POLICY LIMIT DEMANDS + QUIRKY LEGAL ISSUES = CALL LAWYER
The recent California decision Barickman v. Mercury Casualty Company, 2016 WL 3975279, (Calif. App. – July …
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Insurers’ Beware: Defending Bad Faith Claim May Lead to Waiver of Privileged Communications
On July 27, 2016, the United States District Court for South Carolina ordered an insurer to …
When a Policy Limits Offer is Not Enough: A Cautionary Tale of a Failure to Settle Case
In a recent unpublished decision, the California Court of Appeals upheld a $3 million judgment against …
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Don’t Mess with the Texas Prompt Payment of Claims Act: One Court’s Appraisal Result
Virtually all property insurance policies contain an appraisal clause, which outlines the appraisal procedure in broad …
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