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 …
Tag: bad faith
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), …
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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California Court of Appeal: Insurers Not Liable Under the California Insurance Frauds Prevention Act
In its recent decision, People ex rel. Ellinger v. Magill, et al., —Cal.Rptr.3d—, No. E076378, 2022 …
Eleventh Circuit (Florida): No Bad Faith for Investigating Claim
On February 15, 2022, the United States Court of Appeal for the Eleventh Circuit upheld the …
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New Statute May Spell Trouble for New Jersey Insurers
On January 19, 2022, New Jersey Governor Phil Murphy signed S.B. 1559, known as the “New …
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Fifth Circuit Weighs in on Aftermath of Texas Supreme Court’s Decisions Affecting Insurers’ Pre-Appraisal Award Payments and Damages under the Texas Prompt Payment of Claims Act
Just a few short years ago, there was a bright line rule under Texas law concerning …
Iowa Supreme Court Rejects Restaurant’s Allegations of Bad Faith and Breach of Contract After Appraisal
The Iowa Supreme Court recently reversed the appellate court’s denial of an insurer’s motion for a …