News & Analysis as of

Bad Faith Workers' Compensation Claim

Marshall Dennehey

Employer’s Refusal to Compromise It’s Subrogation Lien During Pendency of a Tort Action Does Not Constitute Bad Faith Resulting in...

Marshall Dennehey on

Martha Garduno Mondragon v. Jo Jo Pizza (WCAB); No. 174 C.D. 2024; filed Jan. 6, 2025 - This case involved a claimant who sustained work injuries as a result of a slip and fall on ice in the employer’s parking lot. A Claim...more

Rivkin Radler LLP

Insurance Update - April 2021

Rivkin Radler LLP on

In this month’s update, state high courts consider reimbursement of defense costs, reimbursement of medical marijuana costs, and reimbursement of ransomware payments. Federal courts determine whether a debt collector is...more

Bricker Graydon LLP

Potential liability and defenses related to COVID-19 for public educational institutions

Bricker Graydon LLP on

With the 2020-2021 school year about to begin, some consideration needs to be given by public educa­tional institutions to potential liability. Summarized in this article are some of the potential claims that may be asserted...more

Dentons

Bad Faith Claims Are Barred Against Third-Party Administrators

Dentons on

In De Dios v. Indemnity Insurance Company of North America, the Iowa Supreme Court set out to answer a certified question of law: Can third-party administrators be liable for bad faith failure to pay workers’ compensation...more

Dentons

Bad Faith When Penalty Benefits Denied

Dentons on

The Iowa Court of Appeals recently decided a case finding that if penalty benefits were not awarded as part of a workers’ compensation action because the employer/insurance carrier’s denial of benefits was reasonable, then...more

Jaburg Wilk

Arizona District Court Dismisses Bad Faith and Aiding & Abetting Claims Against TPA and Adjuster

Jaburg Wilk on

The Holding - In Centeno v. American Liberty Ins. Co., 2019 WL 568926 (D. Ariz. Feb. 12, 2019) (Order), an insurance bad faith case arising from a workers’ compensation claim, the Arizona District Court granted a motion to...more

Jaburg Wilk

Arizona Court of Appeals Enforces Workers' Comp Exclusion to MedPay Coverage

Jaburg Wilk on

The Holding - In Doneson v. Farmers Ins. Exch., 2018 WL 4781382 (Ariz.App. Oct. 3, 2018), an insurance bad faith case, the Arizona Court of Appeals upheld an exclusion precluding MedPay benefits “if workers’ compensation...more

Jaburg Wilk

Arizona District Court Excludes Expert Opinion Regarding Insurer’s State of Mind

Jaburg Wilk on

The Holding - In Hunton v. American Zurich Ins. Co., 2018 WL 1182550 (D. Ariz. Mar. 7, 2018), an insurance bad faith case arising from a workers compensation claim, the Arizona District Court excluded an Insured’s expert...more

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