Property insurance policies commonly contain a suit limitation provision which generally provides that an insured cannot file suit against the insurer unless the action is brought within one or two years of the date of loss. While such provisions are …
On October 3rd, the Texas Supreme Court granted a policyholder’s petition for review in a Hurricane Ike matter that potentially gives Texas’ highest court an opportunity to address several important insurance issues. They include concurrent cause in wind and flood …
In an opinion released for publication on August 14th, 2014, one year after issuance, the Alabama Supreme Court unanimously held that the state has but one tort of bad faith, albeit with two separate methods of proof, and that both …
Alabama Supreme Court Clarifies (And Criticizes) Its Bad Faith Jurisprudence Read more »
On Wednesday, Florida’s Fourth District Court of Appeal issued an opinion concerning the prerequisites for bringing bad faith claims in Florida. In an en banc ruling, the Court held in Cammarata v. State Farm Florida Ins. Co., 2014 WL 4327948 …
Last week, the Texas Supreme Court handed down an opinion that involved the material breach doctrine. The doctrine — adopted twenty years ago in Hernandez v. Gulf Group Lloyds, 875 S.W.2d 691 (Tex. 1994) and subsequently applied in PAJ, Inc. …
Texas Supreme Court Weighs In Again on the Scope of the Material Breach Doctrine Read more »
In a recent decision in the case of Pyramid Technologies, Inc. v. Hartford Casualty Ins. Co., 752 F.3d 807 (9th Cir., May 19, 2014), the Ninth Circuit, relying on California law upheld a grant of summary judgment dismissing the insured’s …
The American Conference Institute is holding the 26th National Advanced Forum on Bad Faith Litigation from November 21st to November 22nd in Miami, Florida. The forum shapes the future of bad faith litigation strategies for leading outside counsel, in-house counsel …
The United States District Court for the Western District of Texas in Austin recently held that an insurer’s timely payment of an appraisal award bars the insured’s extra-contractual tort claims. Michels v. Safeco Ins. Co. of Indiana, No. 1:12-cv-00511-SS (W.D. …
In Merrill v. State Farm Fire and Cas. Co., 2013 WL 588515 (W.D.Pa., Feb 13, 2013), the U.S. District Court for the Western District of Pennsylvania dismissed the insured’s common law bad faith claim because it was based solely on …