News & Analysis as of

Attorney's Fees Insurance Industry

Zelle  LLP

No Exceptions (Unless Prescribed by Law): Court Grants Motion to Preclude Attorneys’ Fees Even Though Carrier Will “Not Entertain”...

Zelle LLP on

In this case, Safeco Insurance Company of Indiana (“Safeco”) issued a residential policy to Venugopal Muriki (the “Insured”) covering the Insured’s dwelling. On December 10, 2024, the Insured submitted a claim with Safeco...more

Zelle  LLP

Georgia’s Latest Efforts at Tort Reform: SB 68 & SB 69 Reshape the Liability Landscape for Insurers and Policyholders Alike

Zelle LLP on

In a legislative whirlwind that has left Georgia’s legal landscape noticeably altered, Governor Brian Kemp recently signed into law two landmark tort reform bills—Senate Bill 68 (“SB 68”) and Senate Bill 69 (“SB 69”)—ushering...more

Maison Law

Insurance Bad Faith Claims Following Car Accidents: When and Why They Arise

Maison Law on

Dealing with an insurance company after a car accident can be a real pain. Having to talk to an investigator (after you've already spoken with the police), wait months for a determination, and potentially get denied coverage...more

Butler Weihmuller Katz Craig LLP

HB 1551 is Bad for Florida

Sometimes, a bill comes clad in sheep’s clothing. But to borrow words from Justice Scalia, “this wolf comes as a wolf.” For decades, Florida was in an insurance crisis....more

Gerald Nowotny - Law Office of Gerald R....

Still the One! – The Use of Private Placement Life Insurance in Tax Planning for Trial Attorneys with Contingency Fee Income

In the Soundtrack of Our Lives, one of the songs that I still get to hear from time to time on Sirius XM, is “Still the One” which was recorded and released by the band Orleans in 1976. I was in the tenth grade just to be...more

Morris, Manning & Martin, LLP

Georgia Senate Introduces Tort Reform Legislation

On January 30, 2025, Governor Kemp introduced his "Tort Reform" plan that would redefine Georgia rules regarding civil trials and litigation financing with the ultimate aim to lower insurance costs. The Senate responded by...more

Segal McCambridge

Navigating Pre-Suit Notice and Attorneys’ Fees in Texas Storm Litigation

Segal McCambridge on

Storm-related claims in Texas often lead to disputes over attorneys’ fees, making it critical for insurance carriers to understand and apply statutory pre-suit notice requirements. Failure by claimants to meet these...more

Zelle  LLP

Claims for Statutory Interest and Attorney’s Fees Do Not Survive Insured’s Death

Zelle LLP on

Recently, a magistrate judge for the Eastern District of Texas recommended granting an insurer’s motion for summary judgment, holding that an insured’s claims for statutory interest and attorneys’ fees under Chapter 542 of...more

Marshall Dennehey

Supreme Court of New Jersey Holds that Indemnification Can Exist in First-Party Claims, With the Appropriate Language

Marshall Dennehey on

For many years, the rule of law governing claims for contractual indemnification in New Jersey has been well-established under the so-called “Azurak” rule, which requires that, in order for a party to be indemnified for its...more

Marshall Dennehey

As the Insurance Carrier Timely Complied With Its Policy’s Appraisal Clause and Issued Payments and Coverage in Accordance With...

Marshall Dennehey on

Alice Ward Valdivieso, et al., Appellants, v. Citizens Property Insurance Corporation, Appellee, 3rd District, Case No. 3D22-2137, L.T. Case No. 18-23350, Mar. 6, 2024 - The Third District Court of Appeals was asked to...more

Rivkin Radler LLP

New York Insurance Coverage Law Update - April 25 2024

Rivkin Radler LLP on

The insured, Match Group, LLC, brought a coverage action against its insurer, Beazley Underwriting Limited, and obtained a judgment against Beazley that Beazley appealed. In turn, the insured moved to recover the attorney’s...more

Cozen O'Connor

The End of a "Forever War"?: Texas Supreme Court Answers Certified Question Concerning Appraisal

Cozen O'Connor on

In Rodriguez v. Safeco Ins. Co. of Ind. the Texas Supreme Court addressed a key issue concerning appraisal that was dividing lower Texas state courts and Texas federal district courts. The United States Court of Appeal for...more

Dinsmore & Shohl LLP

Texas Supreme Court Rules to Foreclose Attorney’s Fees in First Party Appraisal Context

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The Supreme Court of Texas has issued its much-anticipated opinion on an open attorney’s fees question in the area of First Party Property appraisals....more

Saul Ewing LLP

The Friday Five: Five ERISA Litigation Highlights - February 2024

Saul Ewing LLP on

This month’s Friday Five explores decisions regarding the transfer of an ERISA action that was filed in a state where an insurer did not maintain sufficient minimum contacts, an award of attorneys’ fees, costs, and...more

Marshall Dennehey

County Court Rules in Favor of Insurer Regarding Attorney’s Fees in Suit Where Insurer Cured Plaintiff’s § 627.736(10) Demand...

Marshall Dennehey on

Steven J. Melilli, D.C., P.A., (Patient: M. Krugliak) v. State Farm Mutual Auto. Ins. Co., County Court, 6th Judicial Circuit Pinellas County, Case No: 19-004553-SC - This suit involved a complaint filed by the plaintiff...more

Marshall Dennehey

County Court Strikes Claim for Attorney Fees in Suit Where Underlying Insurance Contract Was Entered into After the Passage of HB...

Marshall Dennehey on

Associates MD a/a/o Joel Gonzalez v. GEICO General Insurance Co., Broward County Case No: COINX-23-056777 - The plaintiff filed a complaint for declaratory relief and attorney fees pursuant to Fla. Stat. 627.428 against the...more

Eversheds Sutherland (US) LLP

Illinois plaintiffs’ attorneys find new tool in old genetic privacy law

Although the Illinois Genetic Information Privacy Act (GIPA), 410 ILCS 513/1, et seq. was largely ignored by plaintiffs’ attorneys until this year, its substantial statutory penalties and recent case law make it an enticing...more

Saul Ewing LLP

The Friday Five: Five ERISA Litigation Highlights - November 2023

Saul Ewing LLP on

This month’s Friday Five covers cases relating to petitions for attorneys’ fees, unpersuasive self-reported evidence of disability, and a dilatory attempt to augment the administrative record....more

Marshall Dennehey

As a Result of Plaintiff’s Unauthenticated Exhibits and Premature Filing of Suit, Court Sided With Defendant and Strengthened Case...

Marshall Dennehey on

At Home Auto Glass, LLC a/a/o James Franks v. State Farm Mutual Auto. Ins. Com., County Court, 9th Judicial Circuit in and for Orange County, Case No. 2020-SC-002807-O, Mar. 20, 2023 - This suit involved a potential...more

Zelle  LLP

Morakabian and Rosales Signal a Consensus View on Recovery of Attorneys’ Fees After Appraisal

Zelle LLP on

Chapter 542 of the Texas Insurance Code, also known as the Texas Prompt Payment of Claims Act (“TPPCA”), generally allows an insured to recover interest and attorneys’ fees, in addition to the amount of the insurance claim,...more

Lowenstein Sandler LLP

Policyholders vs. Insurers: 3 Arguments to Make When Selecting Defense Counsel & Hourly Rates

Lowenstein Sandler LLP on

In this episode, Eric Jesse explains ways to prevent your insurer from taking a one-size-fits-all approach to its defense obligations, from asserting your right to select your own counsel to challenging its definition of...more

Goodell, DeVries, Leech & Dann, LLP

An Anomaly in Maryland Insurance Law

This rule is applied — but only against the insurer — despite good-faith questions whether the insuring agreement extends coverage in the first place or a stated exclusion then retracts it. It applies whether the action was...more

Kennedys

An in-depth look at changes impacting insurers arising from Florida's new tort reform act

Kennedys on

On March 24, 2023, Florida passed a sweeping tort reform bill into law, making major changes to civil litigation in the state. In anticipation of the Governor signing the bill into law, the number of new cases initiated...more

Faegre Drinker Biddle & Reath LLP

The Impact of Florida’s Tort Reform Bill on Insurance Litigation

On March 24, 2023, a sweeping tort reform bill was signed into law by Florida Governor Ron DeSantis. House Bill 837 was touted by DeSantis as being designed to reduce frivolous lawsuits and prevent predatory practices of...more

Adams & Reese

Florida Tort Reform HB 837 - What Insurers Need to Know

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On March 24, 2023, Florida Governor Ron DeSantis signed HB 837 into law, a wide sweeping tort reform bill that served to overhaul Florida’s litigation landscape. This legislation has a slew of effects on the judicial system...more

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