What happens when a majority owner makes a bad-faith capital call?
Breaking Down Bad Faith: Insurers’ Good Faith Duties and Defending Bad Faith Claims
An Uncompromising Insurer: What is a Policyholder to Do?
Hinshaw Insurance Law TV: Recent Changes in Florida Property Insurance Law and How They Will Affect First Party Insurance
Podcast - The Briefing from the IP Law Blog: Lord of The Rings Author’s Estate Clings to its Precious Trademark, Blocking JRR Token
The Briefing from the IP Law Blog: Lord of The Rings Author’s Estate Clings to its Precious Trademark, Blocking JRR Token
Butler's Thursday Tips #7 | Civil Remedy Notices
Subro Sense Podcast - Considerations In Fixed Funds/Limited Pool Scenarios
Protecting Your Brand in China
Last month, the New York Supreme Court issued a well-reasoned order denying the Archdiocese’s insurers’ motion to dismiss its claim against them for breach of the covenant of good faith and fair dealing, holding that the...more
When you get injured in a car accident, your legal rights are determined by Florida law. Due to some unique aspects of Florida law, understanding your legal rights is often easier said than done. With that said, understanding...more
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
This summary of a recently filed complaint illustrates one of the worst-case scenarios an insured defendant can find itself in: getting slapped with a verdict in excess of your liability insurance limits. Here, it was an $11...more
In Georgia’s recent Legislative Session, Senate Bill 83 started off addressing the eligibility for restraining orders related to stalking, but there must have been some magic pixie dust floating around the House Committee...more
In State Farm Fire & Cas. Co. v. Tamagawa, Index No. 510977/2021, 2023 N.Y. Misc. Lexis 5434, the Supreme Court of New York considered whether an insurance carrier can settle its property subrogation lawsuit with the...more
Last month, we provided an overview of Florida Tort Reform HB 837 - a wide-ranging tort reform bill ratified on March 24, 2023. With the stated goal of stabilizing the state’s insurance market, the bill’s sweeping provisions...more
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
Bad-faith litigation is a hot topic in Florida following the passage of the new tort-reform measure known as House Bill 837. However, even in the face of reasonable legislative changes, it remains important for insurers and...more
On December 16, 2022, the U.S. District Court for the Southern District of Ohio held that a settlement of a fraudulent transfer suit was not covered under the settling defendant’s insurance policies. Huntington National Bank...more
A little more than one year after Progressive scored a bad faith win in Eres v. Progressive American Ins. Co., 998 F.3d 1273 (11th Cir. 2021), Progressive came away with another victory in Deary v. Progressive American Ins....more
The last few years have brought unprecedented hurricane seasons in the Gulf South, with Louisiana’s coastal communities bearing much of the impact. Those storms brought property damage; that property damage brought insurance...more
The United States Court of Appeals for the Eleventh Circuit recently addressed the issue of whether tendering a policy limits check on a liability policy with an overbroad release could constitute bad faith. In Pelaez v....more
An insurer can no longer claim its lack of notice of a lawsuit against its insured excuses it for failing to settle the suit after the Georgia Supreme Court’s recent decision in GEICO Indemnity Co. v. Whiteside, Case No....more
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
On January 14, 2020, Senator Jeff Brandes (R) introduced Florida Senate Bill 1334: Financial Services (SB 1334)[1], which would add two additional requirements to Florida Statute 624.155’s civil remedy notice provision: ...more
The Georgia Court of Appeals recently made waves in Hughes v. First Acceptance Insurance Company of Georgia, Inc., 343 Ga. App. 693 (2017). First, it aggrandized the role of a jury in determining the existence of an offer to...more
Directs Judgment to be Entered in Favor of Insurer - In GEICO v. Harvey, (Fla. 4th DCA Jan. 4, 2017), Florida’s Fourth District Court of Appeal held that the trial court erred in denying the insurer’s motion for directed...more
This author suggested, in an earlier May 2016 Bad Faith blog article, that an insurer can measure on a “strength scale” its insurance coverage defenses while it defends its insured against underlying claims and lawsuits under...more
This summer, the Supreme Court of Pennsylvania addressed an important question that has divided other courts: if an insurer defends a claim subject to a reservation of rights, may the insured settle the claim without the...more
Westchester Fire Insurance Co. v. Mid-Continent Casualty Co., No. 13-12932, 2014 WL 2766764 (11th Cir. Jun. 19, 2014) - The Eleventh Circuit finds that a primary insurer did not act in bad faith by failing to inform...more
On October 7, 2013, the California Court of Appeal for the Second Appellate District held in Reid v. Mercury Insurance Company that an insurer that acknowledged its insured’s liability for a third party’s injuries and...more
In This Issue: - Wisconsin Court of Appeals: Insurer Does Not Commit Bad Faith by Refusing to Pay the Undisputed Portion of an Insured’s Claim Where the Policy Does Not Require Payment - Southern District of...more
Getting Over the Bar: Second Circuit Requires Actual Payment of Underlying Limits In Order to Trigger Excess D&O Policies - In June, the Second Circuit held that two Federal Insurance Company ("FIC") excess D&O...more
In Bird v. Best Plumbing Group, LLC and Farmers Insurance Exchange, Wash. No. 86109-9 (October 25, 2012), the Washington Supreme Court held that: (1) insurers have no constitutional right to a jury determination of whether...more