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 …
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Bad Faith
Fifth Circuit Weighs in on Aftermath of Texas Supreme Court’s Decisions Affecting Insurers’ Pre-Appraisal Award Payments and Damages under the Texas Prompt Payment of Claims Act
Just a few short years ago, there was a bright line rule under Texas law concerning …
Fifth Circuit Finds Potential Coverage for Data Breach; Interprets “Publication” Broadly
Using general contract interpretation principles, the Fifth Circuit reversed summary judgment in favor of an insurer …
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Iowa Supreme Court Rejects Restaurant’s Allegations of Bad Faith and Breach of Contract After Appraisal
The Iowa Supreme Court recently reversed the appellate court’s denial of an insurer’s motion for a …
Lack of Notice No Excuse for Failure to Settle
An insurer can no longer claim its lack of notice of a lawsuit against its insured …
A Jury Must Find An Insurer Acted Unreasonably In Order To Find Bad Faith Failure to Settle
On March 8, 2021 the California Court of Appeal, reversing a $10 million verdict against Farmers, …
Tips for Avoiding First-Party “Bad Faith” in Illinois
Illinois does not recognize bad faith as an independent tort. In the first-party context, bad faith …
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Recent Bad Faith Cases Regarding Reasonableness of Medical Treatment
In two recent cases, the courts showed substantial deference to patients’ treating physicians in determining the …
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Claims Handling: Questions Are the Answer
The key issue in insurance bad faith litigation is whether the claims professional reasonably handled the …
Texas Supreme Court Crafts “Undisputed Evidence of Collusive Fraud” Exception to Eight-Corners Rule
In Texas, and as a general rule, only the four corners of the policy and the …