First United Pentecostal Church: Taking Time to Resolve Doubts as to Liability is Not Bad Faith
In a recent decision, First United Pentecostal Church v. Church Mutual Insurance Company, the United States …
The Fine Line Between Delay and Bad Faith: Insights from the Fifth Circuit.
A prompt response is critical when disaster strikes, but as the Fifth Circuit recently ruled, delays …
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The Time Limited Demand and Duty to Settle: Common Themes and Advising Your Insurer Client How to Avoid Bad Faith
There must be something in the water or the plaintiff’s bar just had a conference where …
Does an Optional Release Constitute Bad Faith?
In Brodowy v. Progressive Direct Ins. Co., the Ninth Circuit affirms the district court’s granting of …
Next Steps for an Excess Insurer After an Unsuccessful Hammer Letter
Introduction Insurers are frequently asked to satisfy their duty of good faith and fair dealing by …
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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, …
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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