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Bad Faith Summary Judgment Insurance Claims

Zelle  LLP

Court Grants Insurer’s Motion for Summary Judgment on Nearly All of Insureds’ Causes of Action

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Schnatzmeyer v. State Farm Ins. Co., No. 3:23-CV-02820-K, 2025 WL 1697505, at *1 (N.D. Tex. June 17, 2025). In a case involving two overlapping freeze claims—and a substantial array of legal issues affecting insurers in...more

Rivkin Radler LLP

June 2025 New York Insurance Coverage Law Update

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A worker was injured when he fell from a ladder while working for a subcontractor at a construction project. The injured worker sued the owner of the project, seeking damages for his injuries. The owner was defended by its...more

Carlton Fields

Sixth Circuit Finds No E&O Coverage for GL Carrier Under E&O Policy for Underlying Motel Claim

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In Columbia Casualty Co. v. State Auto Mutual Insurance Co., the Sixth Circuit Court of Appeals concluded, under Ohio law, that a demand letter to a general liability insurance carrier’s insured containing allegations of bad...more

Cozen O'Connor

Insurer’s Use of Conflicting Reports Not Bad Faith, Says Court

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In El Dueno, LLC v. Mid-Century Insurance Company (2025 WL 1540329) (10th Cir. 2025)), the Tenth Circuit Court of Appeals affirmed summary judgement on behalf of the insurer on the basis that the insurer did not act in bad...more

Carlton Fields

Connecticut Federal Court Construes Ambiguous Policy Exclusion in Favor of Coverage, but Rejects Bad Faith Claim

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In A Priori Family Office LLC v. Valley Forge Insurance Co., the U.S. District Court for the District of Connecticut found the undefined term “surface water” in an all-risk insurance policy’s water exclusion ambiguous, so...more

Zelle  LLP

When Coverage Disagreements Are Justified: The Bona Fide Dispute Doctrine in Action

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In Texas, bad faith claims arising under the Texas Insurance Code or the common law are routinely asserted by plaintiffs in first-party insurance disputes. While these causes of action are frequently pled, mere disagreement...more

Carlton Fields

Divided Ninth Circuit Finds Claimant’s Failure to Provide Medical Records Insulates Insurer From Bad Faith Failure to Settle

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If at first you don’t succeed, try, try again. An age-old adage that now provides critical guidance for insurers seeking to protect themselves in the face of bad faith failure to settle claims....more

Marshall Dennehey

Objections to the Adequacy of a Civil Remedy Notice Can Be Waived

Marshall Dennehey on

Vachon v. The Travelers Home and Marine Insurance Company, Fla. 2d DCA, No. 2d2023-2674, Feb. 14, 2025 - The Second District Court of Appeals considered whether an insurer can raise, as the basis of a motion to dismiss or as...more

Kennedys

Eleventh Circuit expands Florida’s Powell Doctrine

Kennedys on

The Eleventh Circuit’s decision in Kinsale Insurance Company v. Pride of St. Lucie Lodge 1189, Inc., -- F.4th ----, 2025 WL 1142094 (11th Cir. Apr. 18, 2025), has significant implications for the good faith standard...more

Marshall Dennehey

Waiver of Civil Remedy Notice Defenses: Florida Court Rules Against Insurer in Bad Faith Case.

Marshall Dennehey on

Darryl Vachon v. The Travelers Home & Marine Ins. Co., Fla. 2d DCA, No. 2D2023-2674, February 14, 2025 - The insured was injured in 2011 when he was rear-ended by a driver who had a $10,000.00 insurance policy. The insurance...more

Cozen O'Connor

Jackson v. Spinnaker: Court Rules a Thorough Investigation is Just Good Business, Not Bad Faith

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In Jackson v. Spinnaker Insurance Company, the United States District Court for the Western District of Pennsylvania considered a homeowners insurance coverage dispute, ultimately finding that questions of residency and...more

Cozen O'Connor

Fifth Circuit Reaffirms Appraisal and Bad Faith Jurisprudence as Policyholders Continue to Probe for Opportunities

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The United States Court of Appeals for the Fifth Circuit upheld a summary judgment granted to the insurer over a policyholder’s argument that payment of an appraisal award and interest may extinguish an insurer’s liability...more

Stoel Rives LLP

The Evolving Landscape of Bad-Faith Law in Oregon: A Year After Moody v. Oregon Community Credit Union

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In a landmark decision in 2023, the Oregon Supreme Court in Moody v. Oregon Community Credit Union, 371 Or. 772, 542 P.3d 24 (2023), reshaped the contours of bad-faith insurance litigation in Oregon. This ruling has since...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

Sheppard Mullin Richter & Hampton LLP

Ninth Circuit Affirms Summary Judgment for Allstate in Bad Faith Claim

In an issue of first impression, the Ninth Circuit Court of Appeals affirmed summary judgment for Allstate and held that the two-year statute of limitations for bad faith claims arising out of an uninsured/underinsured...more

Sheppard Mullin Richter & Hampton LLP

Insurance Team Year End Review

Throughout 2022, Sheppard Mullin’s insurance practice group demonstrated excellence in all stages of litigation, continuing to solidify its role as trusted counsel to the nation’s leading insurers, including Liberty Mutual,...more

Cozen O'Connor

Claims Handling: Questions Are the Answer

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The key issue in insurance bad faith litigation is whether the claims professional reasonably handled the claim. Throughout the claims-handling process, the claims professional should constantly ask him-or-herself whether the...more

Carlton Fields

Not So Fast: Court Upholds Denial of Request for Accelerated Life Insurance Payment

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The Ninth Circuit recently affirmed a summary judgment ruling in favor of Minnesota Life Insurance Co. on all claims stemming from its denial of an accelerated life insurance payment. ...more

Carlton Fields

Eleventh Circuit Rejects Insurer-Defended Policyholder’s Bid to Expand Florida’s Bad Faith “Excess Judgment Rule” to Include...

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In Cawthorn v. Auto-Owners Insurance Co., No. 18-12067 (11th Cir. Oct. 25, 2019), the Eleventh Circuit affirmed the U.S. District Court for the Middle District of Florida’s grant of summary judgment in favor of Auto-Owners...more

Robins Kaplan LLP

Appeals in Insurance Litigation – Appreciating Standards of Review

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It is said that the first rule of a successful appeal is to win in the trial court. But, regardless of winning or losing in the trial court, one of the most important considerations in evaluating exposure and the likelihood...more

Saul Ewing LLP

District of Idaho Grants Summary Judgment for Insurer on Bad Faith Claim Where Insured's Claim for Policy Benefits Was "Fairly...

Saul Ewing LLP on

Becca Franco was involved in a car accident in 2015. Franco submitted a claim to her insurer, State Farm, for underinsured motor vehicle and medical payment benefits. Sixteen months later, Franco filed suit against State...more

Steptoe & Johnson PLLC

Third-Party Bad Faith Is Dead Again!

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Back in June 2016, we reported on a 3-2 Memorandum Decision of the Supreme Court of Appeals of West Virginia (“WVSCA”) which appeared to be a disguised (and prohibited) third-party bad faith claim under a liability policy. In...more

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