Don’t Get Burned by a “Holt Demand” in Georgia
Georgia has a very specific law called “Holt demands” concerning time-limited demands made against a liability …
Bad Faith
Insuring Fine Art: The Visual Artists Rights Act and Its Bad Faith Implications
Insuring fine art can present challenges that are not encountered with other types of property. One …
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Nickerson Redux: Five Lessons On Punitive Damages For Bad Faith Attorneys
This past June the California Supreme Court issued its decision in Nickerson v. Stonebridge Life Insurance …
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Ninth Circuit Finds Plausible Claim of Damages Avoids Dismissal of Bad Faith Lawsuit
Can an insurer be potentially liable for breach of contract or bad faith where the insured …
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Cumis Counsel: An Insurer’s Right To Dispute Coverage Does Not Automatically Trigger A Right to Cumis Counsel
Recently, once again, a California appeals court weighed in on the scope of the right to …
Rescission: An Underutilized Tool
The rescission of an insurance policy is one of the most underutilized tools in handling insurance …
Production of Insurance Company Claim Files In Bad Faith Litigation: Three Years After Cedell, Where Are We?
Bad faith litigation is complex and costly. In these types of cases, the discovery process often …
Don’t Let a Little Concealer Ruin Your Coverage Defenses
May an insurer in New York delay asserting (or conceal, according to Estee Lauder) a late …
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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. …
Missouri Federal Court Identifies Roadblocks For An Excess Carriers’ Claim For Attorney Fees Against Primary Carrier
The court’s decision in Axis Specialty Insurance Company v. New Hampshire Insurance Company highlights the scope of …