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 …
California Supreme Court Invites Suits against Defendants Doing Any Business in California
In a hotly contested 4-3 decision, the California Supreme Court in Bristol-Myers Squibb Company v. The …
Expanding When Liability is “Reasonably Clear”: Massachusetts Court Chips Away at Bad Faith Counterarguments
Earlier this month, a Massachusetts Appellate Court affirmed a trial court’s award of bad faith damages …
“Low-Ball” Settlement Offer On Its Own Is Insufficient To Support A Claim for Bad Faith Under Pennsylvania Law
A low-ball settlement offer on its own is not enough to state a claim for a …
POLICY LIMIT DEMANDS + QUIRKY LEGAL ISSUES = CALL LAWYER
The recent California decision Barickman v. Mercury Casualty Company, 2016 WL 3975279, (Calif. App. – July …
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Insurers’ Beware: Defending Bad Faith Claim May Lead to Waiver of Privileged Communications
On July 27, 2016, the United States District Court for South Carolina ordered an insurer to …