Appeals, Bad Faith, Liability Insurance

Sixth Circuit Finds No E&O Coverage for GL Carrier Under E&O Policy for Underlying Motel Claim

Carlton Fields on 6/27/2025

In Columbia Casualty Co. v. State Auto Mutual Insurance Co., the Sixth Circuit Court of Appeals concluded, under Ohio law, that a demand letter to a general liability insurance carrier’s insured containing allegations of bad...more

More Stringent California Claim Law Could Benefit Policyholders

Farella Braun + Martel LLP on 4/20/2023

To combat a perceived litigation tactic by plaintiffs counsel of using settlement demands within policy limits to set up insurers for bad faith, insurance company associations lobbied for statutory clarification to avoid...more

Client Alert: First Circuit Parses Underlying Complaint to Find Duty to Defend and to Defeat Exclusions

Jenner & Block on 1/24/2023

The duty of a liability insurer to defend a policyholder from litigation is typically described as broad and expansive, extending beyond the insurer’s duty to indemnify. The duty to defend generally obliges an insurer to...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

Duty to Initiate Settlement Negotiations Under Powell not Triggered Unless Liability is Clear

Butler Weihmuller Katz Craig LLP on 12/15/2017

In a recent decision, the Eleventh Circuit Court of Appeals affirmed an important order of the United States District Court for the Northern District of Florida in a so-called “Powell claim.” Welford v. Liberty Mutual Ins....more

Third-Party Bad Faith Is Dead Again!

Steptoe & Johnson PLLC on 10/20/2017

Back in June 2016, we reported on a 3-2 Memorandum Decision of the Supreme Court of Appeals of West Virginia (“WVSCA”) which appeared to be a disguised (and prohibited) third-party bad faith claim under a liability policy. In...more

Florida Alert: Can a Liability Carrier be Sued for Bad Faith when Its Insured Was Not Exposed to Liability In Excess of the Policy...

Cozen O'Connor on 5/5/2017

The Third District Court of Appeals finding recently held that in certain circumstances, a third party can maintain a bad faith claim against an insurer even if the insured is not exposed to liability in excess of the policy...more

In the Tenth Circuit, Colorado’s On-Going Debate over the “Fairly Debatable” Defense

Cozen O'Connor on 10/4/2016

A recent Tenth Circuit Court of Appeals decision, The Home Loan Investment Co. v. St. Paul Mercury Ins. Co., 827 F.3d 1256 (10th Cir. 2016), demonstrates that, although multiple jurisdictions may recognize similar defenses...more

Florida Appellate Court: “Coverage Liability” Can Be Basis for Bad Faith in Suit Involving First Party Appraisal

Cozen O'Connor on 9/8/2014

On Wednesday, Florida’s Fourth District Court of Appeal issued an opinion concerning the prerequisites for bringing bad faith claims in Florida. In an en banc ruling, the Court held in Cammarata v. State Farm Florida Ins....more

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