News & Analysis as of

Bad Faith Settlement Agreements

Goldberg Segalla

[Webinar] Time-Limited, Policy Limits Demand: Critical Issues Facing Insurers When Settling Third-Party Liability Claims - July...

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Join Goldberg Segalla partners Brady Yntema and Jeff Matty for an interactive webinar discussing critical issues facing insurers when presented with a time-limited, policy-limits demand to settle third-party liability claims...more

McGlinchey Stafford

Can I Recover Fees Under an Offer of Judgment Even if I Lose on Appeal? - McGlinchey Commercial Law Bulletin - June 22 2023

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Marchbanks v. Ice House Ventures, LLC, Slip. Op. No. 2023-Ohio-1866. In this discretionary appeal, the Ohio Supreme Court reversed the appellate court’s ruling, finding that an enforceable settlement agreement existed,...more

Moritt Hock & Hamroff LLP

Remedies for Refusing to Consummate a Settlement Agreement Reached at Mediation

Raising an allegation that a party has not participated in the mediation process in good faith has historically been a sensitive hot-button issue for mediators, parties, and even the courts. In fact, even on occasions where...more

Rumberger | Kirk

Eleventh Circuit Reverses its Prior Reasoning Finding: Settlement Agreements can now be Basis for a Bad Faith Claim

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In Florida, an excess judgment is when the judgment in the case exceeds the policy limits. The excess judgment rule requires an injured plaintiff to obtain an excess judgment before prosecuting a bad faith claim against an...more

White and Williams LLP

Eleventh Circuit Finds No Bad Faith Where Insurer Failed to Provide “Mirror-Image” Response to Claimant’s Demand

In Florida, an insurer is required to work diligently on the insured’s behalf to avoid an excess judgment, with the “same haste and precision as if it were in the insured’s shoes”. Harvey v. GEICO General Insurance Company,...more

Wiley Rein LLP

Ninth Circuit Holds that Excess Carrier May Challenge Allocation of Primary Carrier’s Settlement that Resolves Both the Underlying...

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Applying California law, the Ninth Circuit held that an excess insurer may challenge the allocation of an underlying settlement that resolves both an underlying claim against an insured and the insured’s coverage dispute with...more

Polsinelli

BitBlog Weekly Update

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The Polsinelli BitBlog Weekly Update begins with the U.S. Securities and Exchange (“SEC”) settlement with an issuer of securities, who managed to both illegally offer securities, and create an unlicensed exchange to trade...more

Steptoe & Johnson PLLC

First Look - Spring 2019: Insurance Newsletter

It takes a nimble insurer to navigate around the landmines created by a consent judgment. This issue explores the challenges presented when a plaintiff and a defendant settle a claim, yet they agree that the plaintiff will...more

Proskauer - Minding Your Business

2018 Amendments to Rule 23 – Summarized

Effective December 1 of this year, Rule 23 of the Federal Rules of Civil Procedure – governing class action lawsuits – was amended. Among other things, the amendments modernize the rule with respect to electronic...more

Pillsbury - Policyholder Pulse blog

Electing to Pay One Claim Over Another to an Insured’s Detriment Could Subject Insurers to Bad Faith Claims

A federal court in Michigan just breathed new life into a long-running legal saga—while at the same time issuing a warning shot across the bows of insurers—by declining to dismiss an insured’s bad faith cause of action...more

Nossaman LLP

Ninth Circuit Reaffirms Policyholder Right to Sue Recalcitrant Excess Insurer

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A new opinion published on March 21, 2017 from the Ninth Circuit (Teleflex Medical Inc. v National Union, Case no 14-56366 ) affirmed a $6+ M judgment against AIG subsidiary National Union, who was excess a primary policy...more

Patterson Belknap Webb & Tyler LLP

Judge Cote Holds Attorneys Liable for Trying to Keep a “Baseless” Case in E.D. Tex. that Sought Nuisance Payments from Numerous...

On December 8, 2016, District Judge Denise Cote (S.D.N.Y.) granted defendants Gust, Inc.’s (hereinafter, “Gust”) motion for attorneys’ fees and costs under 35 U.S.C. § 285 and 28 U.S.C. § 1927 against plaintiff AlphaCap...more

McDermott Will & Emery

Settlement Agreement Precludes Consideration of Order Criticizing Attorney Conduct - Tesco Corp. v. Nat’l Oilwell Varco, L.P.

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Addressing for the first time the effect of a settlement agreement on an appeal from an order criticizing two attorneys’ conduct, the U.S. Court of Appeals for the Federal Circuit concluded that the intervening settlement...more

Franczek P.C.

Appellate Court Overturns School District’s Attempt to Vacate Ill-Advised Tax Rate Objection Settlement Reached by State’s...

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Last week, an Illinois Appellate Court denied several school districts’ attempt to vacate a settlement agreement between the taxpayers’ attorney and the Will County State’s Attorney’s Office in a tax rate objection case. The...more

Carlton Fields

Georgia Supreme Court: Insurer did not “unreasonably” withhold consent to settle

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In Piedmont Office Realty Trust v. XL Specialty Insurance Co., No. S15Q0418 (Ga. Apr. 20, 2015), the Georgia Supreme Court reiterated that, in the face of a policy provision prohibiting the insured from unilaterally settling...more

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