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Demand Letter Bad Faith

Carlton Fields

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

Carlton Fields on

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

Carlton Fields

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

Carlton Fields on

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

Wilson Sonsini Goodrich & Rosati

Massachusetts State Senator Files Second Attempt at Bill to Address Bad Faith Patent Infringement Assertions

On Wednesday, January 16, 2019, Massachusetts State Senator Eric Lesser introduced Bill S.D. 1007 (S.D. 1007) which provides for legal actions and recovery from entities that allege infringement in bad faith against...more

Proskauer - New England IP Blog

Rising Tide of State-Enacted Patent Reform

It started with Vermont in 2013. Since then, over half the states have enacted legislation aimed at curbing patent infringement suits from non-practicing entities. Now, the band may add another member: Massachusetts....more

Cozen O'Connor

The Duty to Follow-up: How A $25,000 Offer To Settle Turns Into A $7 Million Loss

Cozen O'Connor on

In many states, an insurer not only has a duty to timely communicate with its insured and respond to demands for settlement by a claimant asserting a claim regarding the adjustment of a loss, that duty may also include the...more

Haight Brown & Bonesteel LLP

Insurance Law Alert: Defective Policy Limit Demand Precludes Bad Faith

In Graciano v. Mercury General Corp. (No. D061956, filed 10/17/14), a California appeals court reversed a jury's verdict, ruling that a defective demand letter from the claimant's attorney precluded a finding of bad faith...more

McDonnell Boehnen Hulbert & Berghoff LLP

Yet Another "Patent-Troll" Bill – Senator Leahy Introduces Patent Transparency and Improvements Act

There has been a flurry activity recently in both the House and Senate aimed at addressing the perceived patent-troll problem. We have recently reported on the introduction of both the "Innovation Act," from Rep. Bob...more

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