Fifth Circuit Reaffirms Appraisal and Bad Faith Jurisprudence as Policyholders Continue to Probe for Opportunities
The United States Court of Appeals for the Fifth Circuit upheld a summary judgment granted to …
Author: Gregory Hudson
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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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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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 …
Fifth Circuit Provides Road Map for Review and Trial of Bad Faith Claims in Mississippi
Mississippi essentially has three levels of claim when insurance is at issue: (1) mere breach of …
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First Circuit Provides Guidance as to When a Notice of Claim Triggers Policy Obligations
When does receipt of a pre-suit claim notice letter trigger an insurance carrier’s obligation to provide …
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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. …
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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When is Rescission Based Upon Material Misrepresentations The Proper Course of Action?
Carriers rely on application representations regarding the existence of potential claims. Sometimes, the carrier learns after …
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