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California › Bad Faith

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

Maynard Nexsen

Here’s Soot in Your Eye – Wildfires without Property Damage

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The California Court of Appeal, Second Appellate District, just released an opinion in Gharibian v. Wawanesa General Insurance Co. addressing insurance bad-faith claims arising out of the California wildfires in 2019. ...more

Stoel Rives - Ahead of Schedule

Wildfires and Property Insurance: Navigating a Shifting Landscape

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As wildfires grow more frequent and severe across California, Oregon, and Washington, homeowners and businesses face mounting challenges in securing and maintaining property insurance. The Los Angeles wildfires alone have...more

Stoel Rives LLP

Wildfires, Property Insurance, and the Cost of Rebuilding Lives: Navigating the Legal Landscape

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In recent years, wildfires have become an increasingly devastating force, scorching landscapes and upending lives across California, Oregon, and Washington. The Los Angeles wildfires, in particular, have left a haunting...more

Allen Matkins

What You Need to Know about the California Fair Access to Insurance Requirements Plan (FAIR Plan)

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This alert begins our series discussing legal issues related to the Southern California wildfires. We will continue to provide updates as more information becomes available. Due to the high risk of wildfires in California,...more

Maynard Nexsen

Ninth Circuit Upholds No Bad Faith Ruling in Third-Party Insurance Case

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With an increasing trend of nuclear excess verdicts around the country against individuals unable to pay millions of dollars, third-party bad faith lawsuits are on the rise. Frequently, attorneys will represent a plaintiff in...more

Farella Braun + Martel LLP

Sometimes, Insurers Want To Settle!

Farella Braun + Martel LLP on

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

Carlton Fields

California Court Holds Intentional Acts Exclusion Bars Coverage for Shooting Claim Even Though Shooter Believed Gun Unloaded

Carlton Fields on

In Helguera v. Mid-Century Insurance Co., California’s Fourth District Court of Appeal held that an intentional acts exclusion in the liability coverage part of a homeowners insurance policy issued by Mid-Century Insurance...more

Patton Sullivan Brodehl LLP

“Business Judgment Rule” Applies to HOAs

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California’s common law “business judgment rule,” as described by the courts, protects from court intervention “those management decisions which are made by directors in good faith in what the directors believe is the...more

Sheppard Mullin Richter & Hampton LLP

New Insurance Law: The Extension of California’s “Genuine Dispute” Doctrine to Disputes Over the Value of General Damages In...

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One of the most powerful weapons an insurance company can use to defeat a bad faith claim is the “genuine dispute” doctrine. Under this doctrine, as long as there was a genuine dispute regarding coverage or the amount owed,...more

Snell & Wilmer

Ninth Circuit Holds California Negotiated State-Tribal Gaming Compacts in Bad Faith

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On July 28, the Ninth Circuit Court of Appeals (“Court” or “Ninth Circuit”) issued a significant decision addressing the Class III gaming compact negotiation process between a state and a tribe as required by the Federal...more

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