Should divided panels of federal appellate courts really be deciding state-law issues of first impression? That’s what happened last month in Lindenberg v. Jackson National Life Insurance Co. In Lindenberg, two Sixth Circuit...more
1/28/2019
/ Appeals ,
Bad Faith ,
Breach of Contract ,
Constitutional Challenges ,
Damage Caps ,
Death Benefits ,
Denial of Insurance Coverage ,
Insurance Claims ,
Insurance Litigation ,
Life Insurance ,
Policy Terms ,
Punitive Damages
The Ninth Circuit recently issued an unpublished memorandum opinion reducing a $2.5 million punitive award against GEICO to $1,064,282.44—four times the compensatory damages—in a Montana insurance bad-faith case. When it...more
On June 9, 2016, the California Supreme Court issued its decision in Nickerson v. Stonebridge Life Insurance Co., holding that so-called Brandt fees should be treated as compensatory damages when calculating the ratio of...more
As a matter of public policy, Pennsylvania (like a number of other states) prohibits insuring against punitive damages. But what happens if an insurer refuses to settle a case against a policyholder within policy limits and...more