Appeals, Bad Faith, Covenant of Good Faith and Fair Dealing

June 2025 New York Insurance Coverage Law Update

Rivkin Radler LLP on 6/27/2025

A worker was injured when he fell from a ladder while working for a subcontractor at a construction project. The injured worker sued the owner of the project, seeking damages for his injuries. The owner was defended by its...more

Divided Ninth Circuit Finds Claimant’s Failure to Provide Medical Records Insulates Insurer From Bad Faith Failure to Settle

Carlton Fields on 5/6/2025

If at first you don’t succeed, try, try again. An age-old adage that now provides critical guidance for insurers seeking to protect themselves in the face of bad faith failure to settle claims....more

Empire State of Mind: New York Bad Faith Update

Robins Kaplan LLP on 12/6/2019

WHILE THERE REMAINS NO BAD FAITH CAUSE OF ACTION IN NEW YORK, A RECENT APPELLATE DIVISION CASE OUT OF THE FIRST DEPARTMENT MAKES PLAIN THAT AN INSURED NEED NOT MEET A HEIGHTENED PLEADING STANDARD WITH RESPECT TO CONSEQUENTIAL...more

California Bad Faith Claims Cannot Be “Slapped”

Pillsbury - Policyholder Pulse blog on 11/12/2019

The California Court of Appeal recently disposed of a novel attack on bad faith law launched by Zurich American Insurance Company. In Miller Marital Deduction Trust, et al. v. Zurich American Insurance Company, 2019 DJDAR...more

Anti-Slapp Statute Does Not Apply To Allegations That Insurer Improperly Refused To Provide Cumis Counsel

Sheppard Mullin Richter & Hampton LLP on 10/29/2019

Miller Marital Deduction Trust v. Zurich American Insurance Company, — P.3d –, 2019 WL 5304862; First Appellate District Court of Appeal, Division Three, Case No. A155398 (October 21, 2019). In Miller Marital Deduction...more

Arizona District Court Dismisses Bad Faith and Aiding & Abetting Claims Against TPA and Adjuster

Jaburg Wilk on 2/26/2019

The Holding - In Centeno v. American Liberty Ins. Co., 2019 WL 568926 (D. Ariz. Feb. 12, 2019) (Order), an insurance bad faith case arising from a workers’ compensation claim, the Arizona District Court granted a motion to...more

An Arizona Insurer Owes No Duty to Pay the "Undisputed Amount" of a UM or UIM Claim

Jaburg Wilk on 12/13/2017

Although the Arizona Court of Appeals resolved this issue 20 years ago, I frequently see insureds' counsel argue that an insurer must pay the "undisputed amount" of a UM or UIM claim—and I just saw this argument last week—so...more

California Appellate Court Takes Equitable Subrogation to the Excess

Carlton Fields on 10/31/2016

In California, where a primary insurer is found to have unreasonably failed to settle within its policy limits, and a judgment is later entered against their insured in excess of those limits, the primary carrier can be...more

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