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Searching Content indexed under Insurance by Robin Besaw ordered by Published Date Descending.
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Eighth Circuit To Insurers: Settlement Evaluation Must Constantly Adapt To Litigation Developments
A recent decision of the US Court of Appeals for the Eighth Circuit taught an insurer a costly lesson about trying to avoid extra-contractual liability: Insurers must constantly reevaluate their settlement...
United States
4 Jul 2016
2
Pennsylvania: Public Policy Prevents Punitive Damages From Being Recoverable As Compensable Damages In Bad Faith Or Breach Of Contract Action Against Insurer
In an issue of first impression, the Third Circuit Court of Appeals held that punitive damages awarded against an insured in a prior personal injury suit are not recoverable as compensable damages in a later breach of contract or bad faith suit against an insurer, in light of Pennsylvania's public policy that insurers cannot insure against punitive damages.
United States
3 Feb 2016
3
Florida: Claimant's Bad-Faith Claim Doomed By Insured's Failure To Cooperate During Settlement Negotiations
A federal District Court applying Florida law recently ratified an insurer's diligent responses to a claimant's cat-and-mouse attempt to manufacture a bad-faith set-up claim.
United States
18 Jan 2016
4
Insurance Insight - Florida: Claimant's Bad-Faith Claim Doomed By Insured's Failure To Cooperate During Settlement Negotiations
A federal District Court applying Florida law recently ratified an insurer's diligent responses to a claimant's cat-and-mouse attempt to manufacture a bad-faith set-up claim.
United States
15 Jan 2016
5
Kansas: Safe Harbor For Insurer Faced With Settlement Demand To Only One Insured
What should an insurance company do when liability of the insured is clear, the damages clearly exceed the limits, and the claimant sends a settlement demand that would exhaust policy limits while releasing only one out of two (or more) insureds?
United States
12 Nov 2015
6
Can An Insurer Be Liable For Bad Faith Failure To Settle Without A Settlement Demand?
The Tenth Circuit, applying Oklahoma law, recently became the latest court to rule on this frequently-disputed issue.
United States
9 Oct 2015
7
Pennsylvania Supreme Court Allows Insured To Settle Without Consent Of Insurer Defending Under Reservation Of Rights
Bad faith claims can have major consequences for insurers. Stopping the Setup gets into the minds of plaintiffs' lawyers and addresses the ways they try to create bad-faith claims against insurance companies.
United States
18 Sep 2015
8
Georgia Courts Reject Two Common Setup Tactics
In a recent decision, the Eleventh Circuit sought and then applied the Georgia Supreme Court's answers to two certified questions about policyholder settlements made without the insurer's consent.
United States
22 Jul 2015
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