Is It Bad Faith to Exercise a Contractual Right?
A recent malpractice case highlighted this issue. In Johnson v. Proselect Insurance, the doctor/insured contended that …
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Year: 2017
PA Supreme Court Addresses Level of Proof Required Under Statutory Bad Faith Claim
In an opinion dated September 28, 2017, the Pennsylvania Supreme Court, Western District, considered as an …
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Texas Amends Insurance Code In Response To Weather Claims
On May 26, 2017, Texas Governor Greg Abbot signed into law Texas House Bill 1774/Senate Bill …
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Ninth Circuit Upholds Bad Faith Award Despite Issues With Policy Limits Demand
In Madrigal v. Allstate Indemnity Co., Cause No. 16-55830 (9th Cir. June 15, 2017), the Ninth …
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West Virginia Supreme Court: Bad Faith Claims Are Premature when the Insurer Is Providing a Defense
The West Virginia Supreme Court recently granted an insurer the extraordinary legal remedy of a writ …
Eastern District of California Dismisses Bad Faith Action, Where Misrepresentation Voids Policy
On June 6, 2017, the U.S. District Court for the Eastern District of California found, consistent …
Georgia Supreme Court Clarifies Pre-Suit Offer Requirements
On March 6, 2017, the Georgia Supreme Court answered certified questions regarding the application of Georgia’s …
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Eleventh Circuit Reaffirms There Is No Bad Faith Unless the Settlement Offer Fully Protects the Insured
Recently, the Eleventh Circuit, applying Georgia law, reaffirmed that an insurer cannot be liable for negligently …
Florida Alert: Can a Liability Carrier be Sued for Bad Faith when Its Insured Was Not Exposed to Liability In Excess of the Policy Limits?
The Third District Court of Appeals finding recently held that in certain circumstances, a third party …
Pennsylvania Federal District Court: Insurer’s Reliance on “Reasonable” Interpretation of Law Does Not Automatically Bar Bad Faith
On March 13, 2017, the United States District Court, Eastern District of Pennsylvania, rejected the argument …