News & Analysis as of

Insurance Claims Bad Faith Auto Insurance

Searcy Denney Scarola Barnhart & Shipley

3 Key Issues for Florida Car Accident Victims: “No Fault” Insurance, Bad-Faith Insurance Practices and Partial Fault

When you get injured in a car accident, your legal rights are determined by Florida law. Due to some unique aspects of Florida law, understanding your legal rights is often easier said than done. With that said, understanding...more

Cozen O'Connor

Claims Notes - November 2024

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After several hurricanes, a church submitted a first-party property claim. The church also had pending coverage litigation from prior tornado damage. On October 12, 2020, the independent adjuster (IA) inspected and...more

Sands Anderson PC

Virginia’s New Bad Faith Law: What Insurers Need to Know

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On July 1, 2024, new Virginia Code § 8.01-66.1 became effective and created a new bad faith cause of action that can be significant for underinsured or uninsured (“UIM”) carriers....more

Sheppard Mullin Richter & Hampton LLP

Ninth Circuit Confirms that the Two-Year Statute of Limitations in a Bad Faith UM/UIM Claim Begins when the Insured Should Have...

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

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

Butler Weihmuller Katz Craig LLP

Attorney’s Fees as an Element Damages in an Uninsured Motorist Bad Faith Lawsuit Make the Plaintiff Whole, not His or Her...

A plaintiff cannot recover attorney’s fees in a Florida lawsuit for Uninsured Motorist (“UM”) benefits unless there is a dispute about whether the insurance policy provides coverage.  However, attorney’s fees from the...more

Troutman Pepper Locke

Effective Immediately: New Jersey Enacts an Insurance Bad Faith Statute for Auto Insurers

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New Jersey has enacted an insurance bad faith statute that will penalize insurers for certain types of conduct in handling claims for uninsured and underinsured motorist coverage as the result of auto accidents. The new law...more

Wiley Rein LLP

No Coverage for TPA in Claim Arising from Extracontractual Exposure to Insurer

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A federal district court has ruled that a third-party administrator’s professional liability policy does not afford coverage for a claim against the TPA arising from an excess judgment against the TPA’s...more

Robins Kaplan LLP

“That Settles It”: The Georgia Supreme Court Provides Clarity Regarding an Insurer’s Duty to Settle

Robins Kaplan LLP on

NEW GUIDANCE FROM THE GEORGIA SUPREME COURT RE: AN INSURER’S DUTY TO SETTLE - The issue of whether an insurer has fulfilled its duty to settle in good faith was recently litigated in Georgia. Under Georgia law “[a]n...more

Carlton Fields

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

Carlton Fields on

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

Bradley Arant Boult Cummings LLP

Insurers Beware: One Insurer’s Settlement Can Support a Bad Faith Failure-to-Settle Claim Against a Nonsettling Insurer

An insurer defending a claim against an insured that could exceed policy limits has a good faith obligation to settle the claim if possible. Failure to do so puts a nonsettling insurer at grave risk. An Eleventh Circuit...more

Troutman Pepper Locke

Pa. Superior Court Vacates Bad-Faith Insurance Verdict, Cautioning Against Industrywide Condemnations

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In a highly anticipated decision, the Pennsylvania Superior Court vacated an eyebrow-raising $21 million award for an auto policyholder and found that the insurer did not act in bad faith....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

Rumberger | Kirk

Florida 4th DCA Reiterates Insurers Negligence Not Enough to Sustain Bad Faith Claim

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Directs Judgment to be Entered in Favor of Insurer - In GEICO v. Harvey, (Fla. 4th DCA Jan. 4, 2017), Florida’s Fourth District Court of Appeal held that the trial court erred in denying the insurer’s motion for directed...more

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