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Here’s Soot in Your Eye – Wildfires without Property Damage

The California Court of Appeal, Second Appellate District, just released an opinion in Gharibian v. Wawanesa General Insurance Co. addressing insurance bad-faith claims arising out of the California wildfires in 2019. ...more

Insurer Must Assume Defense to be Liable for Failure to Settle Under Tyger River Doctrine

Recently, the United States District Court in South Carolina, 2019 WL 689545, dismissed a claim seeking a declaratory judgment that an insurer failed to settle an underlying tort claim. Briefly, plaintiff Church Creek...more

Bad Faith: District Court Remands Case Involving In-house Adjuster

Recently, the United States District Court in South Carolina closed the door on removal of insurance bad faith actions where the in-house, non-diverse, claims adjuster is a co-defendant. In Aung v. GEICO, C.A. No.:...more

Waiver of Attorney-Client Privilege in Bad Faith Litigation

The United States District Court has confirmed in a recent decision that in most circumstances, the attorney-client privilege will be waived in bad faith litigation in South Carolina. In Contravest, Inc. v. Mt. Hawley Ins....more

UM, Wait a second! – Rekindled Exposure for Bad Faith Uninsured Motorist Claims in South Carolina

Recently, the United States District Court held a plaintiff can maintain a claim for bad faith handling of Uninsured Motorists Coverage (“UM”) in the District of South Carolina. In Tucker v. Peerless Insurance Company, the...more

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