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1
South Carolina Code Does Not Invalidate Notice And Cooperation Clauses
In late July, the South Carolina Supreme Court handed down a helpful ruling for insurers when it held that, if an insured fails to give notice to his automobile insurer of a pending claim, the insurer may deny coverage ...
United States
13 Aug 2019
2
Form And Substance: The Importance Of Conducting A Proper Investigation Of First-Party Claims Under California Law
A bad faith claim against an insurer often focuses as much on the process of a claims investigation as it does on the substance of a claims decision itself.
United States
15 Jul 2019
3
Insured Made Whole After Subrogation Recovery
A property insurer, having paid for covered damage, can recover the loss by seeking reimbursement from its insured where the insured has recovered funds from a responsible third-party, ...
United States
12 Jul 2019
4
The State AG Report Weekly Update June 27, 2019
John Westercamp, a Republican, announced his candidacy for Indiana AG in 2020. Westercamp is an attorney in private practice in Indianapolis.
United States
9 Jul 2019
5
The Illinois Supreme Court Opens Door To Claims Against Government Entities For Flood Losses
Floods lead to costly claims for insurance companies. Unfortunately, subrogated insurers are frequently precluded from pursuing governmental entities that cause flooding...
United States
3 Jan 2017
6
Seventh Circuit Decision In Koransky Bouwer Enforces Professional Liability Reporting Requirements
Earlier this month, the 7th Circuit affirmed a district court order that held an insurer properly denied coverage to the insured law firm based on its failure to comply with the reporting requirements under its claims-made professional liability policy.
United States
27 Apr 2013
7
Impact Of Late Notice Of Claim To Liability Carrier (New York)
A severe recent federal court decision in New York state emphasized the importance of having your subrogation counsel identify and notify the insurer for potentially responsible parties of subrogation claims as soon as possible.
United States
24 Apr 2013
8
Supreme Court Rejects Class Plaintiff’s Attempt To Avoid Federal Court By Stipulation Damages Will Be Less Than $5,000,000
In "Standard Fire Ins. Co. v. Knowles", the U.S. Supreme Court held that a class-action plaintiff may not avoid the effect of the federal Class Action Fairness Act.
United States
19 Apr 2013
9
Superstorm Sandy Is Causing New York And New Jersey Legislators To Reconsider Passing Legislation That Would Establish A Private Right Of Action For Bad Faith Claim Handling
Policyholders in New York and New Jersey presently have no private right of action against insurance companies for alleged violations of each state's respective statutory claim handling guidelines.
United States
15 Apr 2013
10
Service Of Subpoenas On Syracuse University Seeking Evidence Of Sexual Molestation Is A "Claim" Giving Rise To Covered Defense Costs According To New York State Court
In Syracuse University v. National Union Fire Insurance of Pittsburgh, PA, No. 2012EF 63 (Sup. Ct., Onondaga County, January 29, 2013), the New York Supreme Court, County of Onondaga, held that an insured’s costs incurred in responding to subpoenas issued by state and federal agencies, were covered (as defense costs) as "Claims" made under a not-for-profit individual and organization insurance policy issued by National Union.
United States
10 Apr 2013
11
New Jersey Establishes A Mediation Program For Open Superstorm Sandy Insurance Claims, Notice Of Which Must Be Provided To Eligible Policyholders By Friday, April 5
New Jersey has now joined New York in instituting a voluntary mediation program for insured victims of Superstorm Sandy with "open and unresolved first-party insurance claims."
United States
10 Apr 2013
12
Implied Co-Insured In Indiana Revisited
Can a landlord’s insurer subrogate against a negligent tenant in Indiana?
United States
10 Apr 2013
13
Bad Faith Claims Cannot Be Based Solely On Breach Of Contract And Must Allege More Than Conclusory Allegations
Merrill v. State Farm Fire and Cas. Co., 2013 WL 588515 (W.D.Pa., Feb 13, 2013),
United States
6 Apr 2013
14
No Bad Faith Recovery Unless Insured Demonstrates Acts Were A Producing Cause Of Damages
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.
United States
6 Apr 2013
15
Prompt Payment of An Appraisal Award Bars Bad Faith Per Austin U.S. District Court, Although Some Acts By An Insurer May Leave The Door Open Per Galveston U.S. District Court
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.
United States
6 Apr 2013
16
Service Of Subpoenas On Syracuse University Seeking Evidence Of Sexual Molestation Is A "Claim" Giving Rise To Covered Defense Costs According To New York State Court
In Syracuse University v. National Union Fire Insurance of Pittsburgh, PA, No. 2012EF 63 (Sup. Ct., Onondaga County, January 29, 2013), the New York Supreme Court, County of Onondaga, held that an insured’s costs incurred in responding to subpoenas issued by state and federal agencies, were covered (as defense costs) as "Claims" made under a not-for-profit individual and organization insurance policy issued by National Union.
United States
2 Apr 2013
17
Gabelli v. SEC: The Supreme Court Limits The Statute Of Limitations For SEC Actions
In a recent unanimous decision, the U.S. Supreme Court held that the Securities Exchange Commission (SEC) has five years from the date when an alleged fraud begins - not from the date when the SEC uncovers the fraud - to bring an action seeking penalties.
United States
31 Mar 2013
18
Washington Supreme Court: Insurers May Not Reserve The Right To Seek Reimbursement Of Non-Covered Defense Costs
The Washington Supreme Court joined a minority of jurisdictions that hold that insurers may not unilaterally reserve the right to seek reimbursement for defense costs paid in defending non-covered claims through a reservation of rights letter.
United States
31 Mar 2013
19
Courts Continue To Split On Whether Defense Obligation Is A First Party Benefit Under Colorado Law, But Agree Duty To Defend Is A Joint And Several Obligation
In "D.R. Horton, Inc.—Denver v. Mountain States Mutual Casualty Co.", another U.S. District Court judge for the District of Colorado determined a liability insured seeking defense costs from its insurer may qualify as a "first-party claimant".
United States
27 Mar 2013
20
The Washington Supreme Court Holds That In First-Party Bad Faith Litigation There Is A Presumption Of No Attorney-Client Privilege
When an insured sues an insurer for bad faith, how much of the claims file maintained by the insurer is discoverable?
United States
25 Mar 2013
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