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Bad Faith › Insurance Claims › Bodily Injury

Carlton Fields

New Mexico Appeals Court Holds No Bad Faith for Shooting Claim Precluded by GL Policy’s A&B Exclusion

Carlton Fields on

In Wilson v. Cincinnati Specialty Underwriters Insurance Co., the New Mexico Court of Appeals affirmed the district court’s decision granting summary judgment to an insurer after determining that bad faith claims on a...more

Jaburg Wilk

Arizona Insureds are Legally Entitled to Recover Reasonable Rather Than Incurred Medical Expenses

Jaburg Wilk on

Is an insured legally entitled to recover the incurred amount of medical expenses or a reasonable amount of medical expenses? This issue often arises in first-party bad faith cases arising from uninsured motorist (“UM”) and...more

Butler Weihmuller Katz Craig LLP

The Many Faces Of Multiple Liability Claims: Two Divergent Opinions From The Eleventh Circuit Court Of Appeal

Butler Weihmuller Katz Craig LLP on

The Eleventh Circuit Court of Appeals recently released two opinions involving multiple liability claims against an insured with insufficient policy limits.  Both cases involved appeals from summary judgment orders in bad...more

Wiley Rein LLP

Prior Knowledge Exclusions Apply Where Insured Received Three Letters from Potential Claimants and Issued Two Litigation Holds...

Wiley Rein LLP on

In a case in which Wiley represented the insurer, the United States District Court for the Eastern District of Virginia, applying New York law, has held that three prior knowledge exclusions barred coverage under an...more

Carlton Fields

Nevada Supreme Court Holds That Insurer’s Liability For Breach Of The Duty to Defend Is Not Capped At Policy Limits

Carlton Fields on

In Century Surety Company v. Dana Andrew (Dec. 13, 2018), the Nevada Supreme Court issued an opinion regarding whether, under Nevada law, the liability of an insurer that has breached its duty to defend, but not acted in bad...more

Carlton Fields

When Evidentiary Error Matters: Eleventh Circuit Affirms Decision to Grant Retrial

Carlton Fields on

The U.S. Court of Appeals for the Eleventh Circuit recently closed the book on litigation in which GEICO had been involved since 2010, holding that the granting of a retrial—which resulted in a GEICO victory after an initial...more

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