News & Analysis as of

Bad Faith State and Local Government

Cozen O'Connor

Claims Notes: August 2025

Cozen O'Connor on

Umpire Not Immune from Insurer’s Suit for Undisclosed Conflicts - A toilet supply line leak damaged Rike’s home. She submitted a claim to her property insurer and demanded an appraisal. Rike and the insurer selected their...more

Phelps Dunbar

Louisiana Changes its "Proof of Loss" Law

Phelps Dunbar on

The Louisiana Legislature recently passed HB 437 which enacts La. § R.S. 22:1892.3 (effective August 1), in an attempt to clarify parties’ respective obligations as it relates to Proof of Loss statements and corresponding...more

Sheppard Mullin Richter & Hampton LLP

Keeping the Cap On the Policy: Unreasonable Conduct Is a Necessary Element of a “Bad Faith Failure to Settle” Claim

Pinto v. Farmers Ins. Exch., ___ Cal. App. 5th ___ (2021) - Over the past several years, the insurance industry in California has been plagued by waves of “bad faith failure to settle” claims. These claims arise out of a...more

Sheppard Mullin Richter & Hampton LLP

Illinois Appellate Court Upholds Sanctions Against Radio Advertiser For Bad Faith Trade Secrets Claims

The recent case of Multimedia Sales & Marketing, Inc. v. Marzullo, et al., — N.E.3d —-, 2020 IL App (1st) 191790 (1st Dist. Dec. 21, 2020), demonstrates the peril that attorney fees sanctions present for litigants who bring...more

Hinshaw & Culbertson - Insights for Insurers

California Department of Insurance Issues Notice to Insurers to Comply with their Legal Requirements with Respect to COVID-19...

On April 14, 2020, California Insurance Commissioner Ricardo Lara issued a notice to insurers titled "Requirement to Accept, Forward, Acknowledge, and Fairly Investigate All Business Interruption Insurance Claims Caused by...more

McGuireWoods LLP

Illinois Courts Deal With Privilege Presumptions: Part I

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All courts agree that litigants asserting attorney-client privilege or work product protection must establish the protection's applicability. But courts take different positions on whether any presumptions guide their...more

Littler

Preemption’s Silver Lining: The NLRA Offers California Tribes a Shield Against State Labor Protections

Littler on

For over 20 years, the State of California has used tribal gaming compacts to accomplish what federal law and tribal sovereignty would otherwise forbid: forcing tribes to follow state labor law in their casinos.  Recently...more

Carlton Fields

Florida Bad Faith Legislation

Carlton Fields on

The Florida Senate is considering legislation designed to reduce insurance companies’ exposure to bad faith claims. Florida Senate Bill 1334, introduced by Sen. Jeff Brandes (R), requires policyholders to present their...more

Neal, Gerber & Eisenberg LLP

Bad Faith Damages Against Surplus Line Insurers Might Not Be Capped in Illinois

I recently had occasion to read through the Illinois Surplus Line Law in detail when I noticed something interesting:  surplus lines insurance companies may not be subject to the cap on bad faith damages usually applied to...more

Faegre Drinker Biddle & Reath LLP

Dropping All Pretext: Finding Bad Faith, Colorado Courts Reject City’s Attempted Condemnation

Courts have historically been reluctant to look behind a condemnor’s stated purpose for taking property but, in City of Lafayette v. Town of Erie, a Colorado trial court decided to lift that curtain. When it realized...more

Michigan Auto Law

What Michigan governor candidates need to do on No-Fault

Michigan Auto Law on

How the Michigan governor candidates can both slash car insurance costs and save and preserve No-Fault benefits for car accident injury victims - It is good that the Michigan governor candidates are talking about auto...more

Bradley Arant Boult Cummings LLP

Be Aware of Sovereign Immunity - Construction and Procurement Law News, Q1 2018

Sovereign immunity is the legal doctrine, dating back to the days of the British monarchy, that a sovereign or state cannot commit a legal wrong and is immune from suit: in essence, “the king can do no wrong.” ...more

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