In an opinion handed down last week, the Sixth Circuit Court of Appeals refused to adopt a new cause of action under Kentucky law for a reverse bad faith claim by an insurer against its insured where the Kentucky Supreme …
Sixth Circuit Refuses to Create a Cause of Action for Reverse Bad Faith Read more »
A recent federal District Court decision from Indiana, Autumn Glen Homeowners Ass’n. v. Travelers Ind. Co. of America, 2015 WL 1256391, 2015 U.S. Dist. LEXIS 33317 (S.D. Ind., Mar. 18, 2015) provides insight into both affirmative, good faith adjustment processes …
The Claims and Litigation Management Alliance (CLM) is a national organization created to meet the needs of insurance professionals in the claims and litigation management fields. Founded in 2007, CLM currently has over 25,000 members. It holds an annual conference …
Cozen’s Melissa White to Speak at the 2015 CLM Annual Conference Read more »
A recent Arizona Court of Appeals decision, Everest Indemnity Insurance Company v. the Hon. John Rea, Judge of Sup. Ct of State of Az., 2015 WL 195450, addresses the attorney-client privilege in a bad faith case. Everest examines a …
Any Insurer issuing liability policies in Florida should be aware of the requirement of Florida’s Claims Administration Statute, § 627.426, or risk waiving viable “coverage defenses.” The definition of “coverage defense” under the statute has been the subject of …
Florida’s Claims Administration Statute – Use It or Lose Your “Coverage Defense” Read more »
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 »