In Capstone Building Corp. v. American Motorists Ins. Co., 2013 Conn. LEXIS 187 (Conn. June 11, 2013), the Supreme Court of Connecticut declined to recognize a cause of action for an insurer’s alleged bad faith conduct in investigating a general …
A federal trial court in Tennessee confirmed what has been the law in Tennessee for almost thirty years: no tort of bad faith exists between an insurer and its insured. In Westfield Ins. Co. v. RLP Partners, LLC, 2013 WL …
Ever Had A Common Law Bad Faith Claim Dismissed? Read more »
C. Wesley Vines, Admitted to Practice in OK since 1983 and TX since 1990 In light of the recent devastating storms in Oklahoma, it is worth bearing in mind: (1) Oklahoma’s basic rules for interpreting insurance policies, including the “reasonable …
Claims Handling Reminders for Oklahoma Storm Losses Read more »
On March 13, 2013, the Oregon legislature introduced Senate Bill 814 to create sweeping reforms on environmental claims handling regulations and available remedies for insureds facing liability for cleanup of contaminated property located in the state. The proposed legislation would …
On April 15, 2013, a New York trial court granted the insured’s request for the production of certain claims file material and previously sealed discovery in Estée Lauder Inc. v. OneBeacon Insurance Group LLC et al., index number 602379/2005, leaving …
Last week, the Montana Supreme Court held that the insurer acted reasonably when it stopped payments based upon its reliance on a prior order from the Workers’ Compensation Court (“WCC”). Steward v. Liberty Northwest Ins. Corp., 2013 WK 1739577, *7 …
A jury found that Mid-Continent committed five separate violations of the Texas Insurance Code and awarded $2 million to the insured as compensation for the amount it paid to settle third-party claims. The trial court, however, granted Mid-Continent’s motion for …
No Bad Faith Recovery Unless Insured Demonstrates Acts Were A Producing Cause Of Damages Read more »
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 …