A New Era for Extra-Contractual Damages in Oregon – What We Know and What We Are Learning Six Months Since Moody
The start of 2024 marked the end of an insurance era in Oregon. On December 29, …
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Oregon Legislature Falls Short On Passage of Statutory Bad Faith Cause of Action
In an unexpected and last minute turn of events, the Oregon legislature failed to pass a …
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Eleventh Circuit: Jury Instruction About Notice to Insured of Settlement Demand Was Required (Florida)
In its recent decision, Brink v. Direct General Ins. Co., 38 F.4th 917 (11th Cir. 2022), …
Under Texas Law, No Tender Means No Obligation To Defend
The United States Court of Appeals for the Fifth Circuit recently affirmed a long-standing Texas rule: …
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Texas Supreme Court Axes Policyholder’s Attempt to Expand Insurer Tort Liability
In Elephant Insurance Co., LLC v. Kenyon, the Supreme Court of Texas reiterated the framework of …
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Avoid Creating Coverage By Estoppel, Waiver & Forfeiture: California
Waiver, estoppel and forfeiture are doctrines on which insureds often rely to try to create coverage …
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Georgia Supreme Court Clarifies Pre-Suit Offer Requirements
On March 6, 2017, the Georgia Supreme Court answered certified questions regarding the application of Georgia’s …
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Virginia Holds Determination Whether Insurer Acted In Bad Faith Must Be Made By The Judge And Not The Jury
This country’s courts are split on whether the decision to award attorney’s fees in bad faith …
Texas Court: No Prejudice Required to Deny for Late Reporting Under a Claims-Made Policy
This summer in Nicholas Petroleum, Inc. v. Mid-Continent Cas. Co., 2015 WL 4456185, 2015 Tex. App. …
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Texas Supreme Court Declines Opportunity to Review Appellate Decision Clarifying Insurer’s Settlement Obligations In Multi-Plaintiff/Multi-Insured Context
Last year in Patterson, et al. v. Home State County Mut. Ins. Co., 2014 Tex. App. …