News & Analysis as of

Attorney's Fees Insurance Litigation

Carlton Fields

Seventh Circuit Affirms Judgment Dismissing Bad Faith Claim Without Viable Breach of Contract Claim

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In Wolf v. Riverport Insurance Co., the Seventh Circuit Court of Appeals affirmed the dismissal of an insured’s bad faith settlement delay claim against her insurer after she attempted to recover under section 155 of the...more

Wiley Rein LLP

Indiana Appellate Court Rejects Known Loss and Deemer Clause Defenses for the Second of Two Connected Class Actions Over Toxic...

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The Indiana Court of Appeals, applying Indiana law, affirmed a trial court decision finding coverage for attorneys’ fees related to defending the second of two Taiwanese class actions relating to the same underlying toxic...more

Wiley Rein LLP

Fourth Circuit: “Bump-Up” Exclusion Applies When Settlement Seeks to Cure Harms Associated with Undisclosed Conflict of Interest...

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The United States Court of Appeals for the Fourth Circuit, applying Virginia law, has affirmed a district court’s ruling that a “bump-up” provision in a D&O policy applied to bar indemnity coverage for the settlement of...more

JUSTICENTER

Auto Accident Litigation in California: A Guide to Maximizing Compensation

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Car accidents can be extremely expensive in terms of medical expenses, property damage, and loss of income. An auto accident can also cause overwhelming physical pain and emotional trauma. You deserve compensation for all the...more

Cozen O'Connor

Georgia’s 2025 Tort Reform: What Businesses, Insurers, and Litigators Need to Know

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In recent years, Georgia has earned a prominent—and troubling—spot on the American Tort Reform Association’s annual “Judicial Hellholes” list, drawing national attention to the state’s increasingly unpredictable and...more

Zelle  LLP

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

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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

Carlton Fields

Florida Appeals Court Decisions Week of May 5 - 9, 2025

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U.S. Eleventh Circuit Court of Appeals - Jones v. Ceinski - qualified immunity - Otto Candies v. Citigroup - RICO, fraud, conspiracy - Berrocal v. US Att’y Gen - standing, international treaty - Maglana v....more

Maison Law

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

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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

JAMS

When Mediations Fail, It’s Not Always About the Facts

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Civil litigators are acutely aware of the benefits of mediation in resolving their clients’ disputes. Typically, prior to the filing of a lawsuit, the would-be plaintiff and defendant have been exposed to the dark side of...more

Kennedys

Georgia enacts sweeping tort reform: Key takeaways from SB 68

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On April 21, 2025, Governor Brian Kemp signed Senate Bill 68 (SB 68) into law, marking a significant shift in Georgia’s civil litigation landscape. Aimed at shedding the state’s “judicial hellhole” reputation, the law...more

Cozen O'Connor

Claims Notes: April 2025

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Comprehensive Tort Reform Bill Clears Georgia Legislature; Expected to be Made Law - The Georgia House of Representatives and Senate have passed a bipartisan, comprehensive tort reform bill. Governor Brian Kemp is expected...more

Rumberger | Kirk

Legislative Alert: Florida’s HB 1551 and SB 554 Raise Concerns for Insurance Carriers

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It is no secret that insurance rates in the state of Florida have skyrocketed over the past several years. One of the catalysts to the increased rates was Florida’s attorney fee statute, which had the effect of incentivizing...more

Marshall Dennehey

Attorneys’ Fee Amount and Multiplier Reversed by Appellate Court

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Universal Property & Casualty Insurance Company v. Medero, Fla. 3d DCA, No. 3D24-0338, February 19, 2025 - The Third District Court of Appeal reversed and remanded the initial fee award entered by the trial court: $150 per...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

Carlton Fields

Florida Appeals Court Decisions Week of February 24 - 28, 2025

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U.S. Eleventh Circuit Court of Appeals - USA v. Charles - sentencing - Miller v. Ramirez - qualified immunity, deferring ruling - Chapman v. Dunn - prison conditions, Eighth Amendment - USA v. Horn - securities...more

Goldberg Segalla

Dwindling Returns: Failing to Read LPL Policy Cost Millions

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A quirky reality of litigation is that the amount of recoverable dollars often dictates the strategy and approach. Maybe no one said it better than Biggie: “mo money, mo problems.” Especially in the context of an insured...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

JUSTICENTER

Basic Personal Injury Settlement Breakdown: How Much Goes in My Pocket?

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Getting a personal injury settlement can feel like a huge relief after an accident. But many people wonder, “How much of this settlement will I actually get?” Understanding how settlements are broken down can help you know...more

Foley & Lardner LLP

You’ve Been Sued: Now What?

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Being served with a lawsuit is frustrating, and sometimes nerve-racking, even for seasoned in-house counsel. Having a plan in place to quickly and appropriately address new lawsuits can ease the stress of being sued....more

Maynard Nexsen

The Art and Strategy of Interpleader Actions

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Resolving competing claims to insurance proceeds can become a complex and costly endeavor for an insurer without the proper strategies. Fortunately, the interpleader remedy offers a streamlined, efficient solution for...more

Segal McCambridge

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

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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

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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

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

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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

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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

Butler Weihmuller Katz Craig LLP

Texas Supreme Court Answers Certified Question in Favor of Insurer on Preclusion of Attorney’s Fees Under Texas Insurance Code...

When an insurer pays the full amount of an appraisal award plus statutory interest, the insured is precluded from recovering attorney’s fees under Chapter 542A of the Texas Insurance Code, according to a recent decision from...more

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