In a recent unpublished decision, the California Court of Appeals upheld a $3 million judgment against an auto liability insurer that rejected proposed language in a settlement agreement, notwithstanding the insurer’s policy limits offer. Barickman v. Mercury Opinion, 2016 WL …

When a Policy Limits Offer is Not Enough: A Cautionary Tale of a Failure to Settle Case Read more »

It is highly unusual to find an insurance bad faith case which stems from an insurance company’s subrogation recovery. On July 6th, Wisconsin’s highest court had such a case, reversing the appellate court and holding that Dairyland Insurance Company’s subrogation …

Subrogation recovery did not violate the made-whole-rule and was not in bad faith per Wisconsin Sup. Ct. Read more »

This month, the Eastern District of Pennsylvania issued an opinion that reminds insurance carriers and their counsel that it is often beneficial to remove certain cases to federal court. While federal court offers many advantages in insurance litigation, the recent …

The Advantages of Removal: Twombly and Iqbal Applied to Bad Faith Claims Read more »