Texas Loosens Its Grip on Insurers With Respect To Bad Faith Claims
Mound Cotton Wollan & Greengrass
Texas, once a jurisdiction feared by insurers potentially liable for first-party bad faith claims, appears to have .
Insurance Bad Faith Battlegounds: Not So Quiet on the Southeastern Front
Brenton N. Ver Ploeg of Ver Ploeg & Lumpkin, P.A.
Bad faith has now become part of the American landscape and an accepted tool to balance the playing field between i.
Professional Liability Insurance: Liability For Bad Faith Refusal To Settle
Gaines, Wolter & Kinney, P.C.
Evans v. Mutual Assurance, Inc., 7 ALW 35-10 (1970786), 1999 WL 7026 (Alabama Supreme Court, January 8, 1999): Owen.
Jury Selection In Insurance Fraud Trials
Mound Cotton Wollan & Greengrass
To select a jury, trial lawyers make ad hoc decisions about dozens of people. The decisions are, at best, often inf.
Insurance Bad Faith and Related Topics
Sanford Thompson
Bad faith is a hybrid tort similar to, yet different and distinct from, an action for breach of contract.
Third-party Bad Faith Actions Return To California
This alert summarizes the "Fair Insurance Responsibility Act of 2000" which gives third-party plaintiffs the right to sue a tortfeasor's insurance company for bad faith in limited situations.
Obligations of Insurance Companies When Handling Claims
Furtado Jaspovice & Simons LC
When a policyholder files a claim under his or her own insurance policy, the insurer has certain obligations to the insured and has a duty to act with good faith in handling that claim. This is a very different situation from when a person files a personal injury lawsuit and there is an insurance company for the defendant involved.
When an Insurance Company Breaches Its Contract
Richard Alexander of Alexander Hawes LLP
This article provides guidelines on the nuances of insurance law.
Discovery of Reinsurance -- Information Remains Unresolved in Most Jurisdictions
Patricia Powers Boujoukos of Kittredge, Donley, Elson, Fullem & Embick, L.L.P.
I. LIPTON V. LAWYER'S MUTUAL INSURANCE CO. A. Reserve Information B. Reinsurance Information C. Confidential.
Defense Perspectives in Bad Faith Claims
Patterson, Nuss & Seymour, P.C.
A claim for bad faith generally arises out of the handling of some claim under the policy of insu.
Public Adjustors: Loss Payees or Assignees -- An Analysis of Their Right to Recover Bad Faith Damages Against an Insurer
Rick L. Hammond
TABLE OF CONTENTS BACKGROUND LAW AND ARGUMENT CONCLUSION BACKGROUND Back The terms of most property pol.
Insurance Fraud Alert: Faced with a Bad Faith Suit? A Reverse Bad Faith Claim may be an Alternative
David B. Shelton of Rumberger, Kirk & Caldwell Attorneys At Law
With bad faith actions1 on the rise, insurers have looked to a variety of legal options in defending themselves.
Insurance Bad Faith In Ohio After ZOPPO Where Are We?
Rutter & Russin
In Zoppo v. Homestead Insurance Company, (1994), 71 Ohio St. 3d 552, the Ohio Supreme Court cl.
Insurance Company Liability for Bad Faith in Pennsylvania: Plaintiff's Perspective
Alexander J. Jamiolkowski of Alexander J. Jamiolkowski
Bad Faith The idea that a person could sue his insurance company for its misdeeds in handling claims under a .
Comparative Bad Faith
Rick L. Hammond
TABLE OF CONTENTS Background Illinois Law Regarding Insurer Bad Faith Cramer v. Insurance Exchange Agency Krans.
Fire Insurance Law II
Rutter & Russin
Part Two Discovery Once the insurance company decides to deny the claim, litigation is the only alternative. .
How I Learned to Stop Worrying and Love Punitive Damages
Brenton N. Ver Ploeg of Ver Ploeg & Lumpkin, P.A.
In 1893, when Florida sat at the tail end of Henry Flagler's railway and before the state had commercial importance.
Bad Faith Litigation: Suggestive Letter to Expert May Be Evidence of Bad Faith
Andrew F. Susko and Edward M. Koch of White and Williams LLP
In a case which represents troubling precedent to the insurance industry, the United States District Court for the Eastern District of Pennsylvania in Atiyeh v. Liberty Mutual Fire Insurance Company, 2002 WL 88918 (E.D. Pa. Jan. 8, 2002) seemingly created a new category of bad faith liability in Pennsylvania by holding that a suggestive letter sent to the carrier's expert may be indicia of the carrier's bad faith.
No Right to Jury Trial in State Court Bad Faith Actions
Scott J. Tredwell and Mark J. Walters of Swartz Campbell LLC
On May 30, 2003, the Pennsylvania Supreme Court held that plaintiffs are not entitled to a jury trial under 42 Pa.C.S. § 8371, PennsylvaniaÂs bad faith statute. The ruling in Mishoe v. Erie Ins. Co. and Hamer v. Federal Kemper Ins. Co., 824 A.2d 1153 (Pa. May 30 2003), ends uncertainty about whether or not plaintiffs are entitled to a jury trial under the statute in state court.
No Duty of Good Faith and Fair Dealing in the Employment Context
Barry J.E. Greve of Thompson, Coe, Cousins & Irons, LLP
This article reviews the implications of a Texas Supreme Court decision, City of Midland vs. O'Bryant, whereby the court held that there is no cause of action in Texas based on a duty of good faith and fair dealing in the context of the employer/employee relationship.
Bad Faith Insurance Claims
Michael L. Weiner of Yaeger, Jungbauer & Barczak, PLC
The term "bad faith" is an unfortunate misnomer that is probably responsible for more confusion than understanding among the bench and bar.
Investigating The Bad Faith Insurance Claim In Pennsylvania
Alexander J. Jamiolkowski of Alexander J. Jamiolkowski
Start with the Victim The first step involved in investigating a potential claim for bad faith begins with the .