Yearly Archives: 2022

California Court of Appeal: Insurers Not Liable Under the California Insurance Frauds Prevention Act

In its recent decision, People ex rel. Ellinger v. Magill, et al., —Cal.Rptr.3d—, No. E076378, 2022 WL 1077988 (Cal. Ct. App., Mar. 18, 2022), the California Court of Appeal refused to extend liability under California’s Insurance Frauds Prevention Act (IFPA) to an insurer’s claims handling practices. Insurance Code Section 1871.7 allows a party to file a qui tam action[1] for violations of certain insurance claim related conduct described in the rule itself. Section 1871.7 also incorporates prohibited conduct from other statutes, such as California Penal Code Section 550, as permissible bases for the qui tam action. A person who violates Section 1871.7 is subject to “a civil penalty of not less than five thousand dollars ($5,000) nor more than ten

Tagged with: , , , , , ,
Posted in Bad Faith

Montana: Unambiguous Exclusions Enforced Despite Lack of Table of Contents Required Under Statute

A recent Supreme Court decision, High Country Paving, Inc. v. United Fire & Cas. Co., 2022 MT 72, ¶ 1, answered in the negative a question certified by a federal district court regarding tensions inherent in Montana’s  Property and Casualty Insurance Policy Simplification Act (“PSA”).  The Ninth Circuit had submitted the following state law question to this Court: Whether, when an insurance policy does not include either a table of contents or a notice section of important provisions, in violation of Mont. Code Ann. § 33-15-337(2), the insurer may nonetheless rely on unambiguous exclusions or limitations to the policy’s coverage, given that § 33-15-334(2) provides that § 33-15-337(2) is “not intended to increase the risk assumed under policies subject to”

Tagged with: , , , , , ,
Posted in Bad Faith

Eleventh Circuit (Florida):  No Bad Faith for Investigating Claim

On February 15, 2022, the United States Court of Appeal for the Eleventh Circuit upheld the Southern District of Florida’s summary judgment victory for GEICO, finding that no reasonable jury could conclude that GEICO had operated in bad faith with respect to its handling of a wrongful death claim against its insured. Ellis v. GEICO Gen. Ins. Co., No. 21-12159, 2022 WL 454176 (11th Cir. Feb. 15, 2022).  This case reinforces that under Florida law, an insurer may take a reasonable time to investigate a claim, and that, absent time to investigate or a settlement demand, an insurer need not voluntarily tender policy limits.  About The Author

Tagged with: , , , , , , , , ,
Posted in Bad Faith

New Statute May Spell Trouble for New Jersey Insurers

On January 19, 2022, New Jersey Governor Phil Murphy signed S.B. 1559, known as the “New Jersey Insurance Fair Conduct Act,” which allows motorists to sue their insurance companies over “unreasonably” late or denied coverage benefits and unfair settlement practices.  The bill, passing through both houses of New Jersey’s legislature without substantial amendment, would allow prospective plaintiffs to pursue bad faith litigation against their uninsured/underinsured motorist carriers and employees for “unreasonably” denying coverage for claims or delivering benefits “unreasonably” late after a claim. About The Author

Tagged with: , , ,
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
Subscribe For Updates

nobadfaith

Cozen O’Connor Blogs