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 …
Bad Faith
Defending Institutional Bad Faith Claims, Part III – Proof by Other Claims
In Part I of this series, we explored the differences between institutional and non-institutional bad faith. …
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Defending Institutional Bad Faith Claims, Part II – Focusing on Plausibility
In Part I of this series, we discussed institutional bad faith and best practices for insurers …
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Defending Institutional Bad Faith Claims, Part I – A Primer on Institutional Bad Faith
Broadly speaking, there are two types of bad faith claims that may be alleged against an …
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South Carolina Code Does Not Invalidate Notice and Cooperation Clauses
In late July, the South Carolina Supreme Court handed down a helpful ruling for insurers when …
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Form and Substance: The Importance of Conducting a Proper Investigation of First-Party Claims Under California Law
A bad faith claim against an insurer often focuses as much on the process of a …
Store Display Can Be an “Advertisement” Under Coverage B
In Hershey Creamery Company v. Liberty Mutual Fire Insurance Company and Liberty Insurance Corporation, No. 1:18-CV-694, …
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Massachusetts: Third-Party Claim Handler Made Reasonable, Prompt Efforts to Settle Nursing Home Liability Claim, and Therefore Was Not Liable For $14 M Excess Verdict
On March 18, 2019, the First Circuit Court of Appeals affirmed a decision holding that Sedgwick …
Georgia Supreme Court Spares Insurance Company from a $5.3 Million Bad-Faith Verdict
Last week, the Georgia Supreme Court confirmed that an insurance carrier’s duty to settle a claim …
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The Supreme Court of Texas Clarifies That a Party Can Testify as an Expert Witness without Waiving the Attorney-Client Privilege
Litigation usually involves complex issues related to technology, products, or business processes. In many cases, clients …