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Insurance Code Denial of Insurance Coverage

Carlton Fields

Seventh Circuit Affirms Judgment Dismissing Bad Faith Claim Without Viable Breach of Contract Claim

Carlton Fields on

In Wolf v. Riverport Insurance Co., the Seventh Circuit Court of Appeals affirmed the dismissal of an insured’s bad faith settlement delay claim against her insurer after she attempted to recover under section 155 of the...more

Carlton Fields

Texas Doubles Down on “Intent to Deceive” as Requirement to Void Insurance Policy

Carlton Fields on

The Texas Supreme Court reinforced common law precedent that insurers cannot avoid liability under an insurance policy based on a misrepresentation in an insurance application unless the insurer can establish that the insured...more

Cozen O'Connor

Tips for Avoiding First-Party “Bad Faith” in Illinois

Cozen O'Connor on

Illinois does not recognize bad faith as an independent tort. In the first-party context, bad faith is a purely statutory construct which hinges upon whether an insurer’s conduct was “vexatious and unreasonable.”...more

Holland & Knight LLP

New Law That May Affect Hurricane Harvey Claims Takes Effect Sept. 1

Holland & Knight LLP on

While insurance claims may be far from the first priority for clients affected by Hurricane Harvey, a new law takes effect on Sept. 1, 2017, that may affect first-party property insurance claims stemming from Harvey, floods...more

Pillsbury Winthrop Shaw Pittman LLP

What a New Texas Insurance Law Means, and Doesn’t Mean, for Harvey’s Victims

As Hurricane Harvey continues to wreak historic damage in Texas, recent updates to a state law dealing with the responsibilities of insurers are scheduled, by sheer coincidence, to take effect this Friday, September 1, 2017....more

Orrick, Herrington & Sutcliffe LLP

California Does Not Bar Defense Coverage For "Willful Acts"

"California prohibits insurers from indemnifying policyholders for their intentional misconduct, as a matter of public policy and as codified in California Insurance Code section 533. This bar on insurance coverage, however,...more

Clark Hill PLC

Texas Supreme Court Clarifies The “Independent Injury Rule”

Clark Hill PLC on

When can an insured recover policy benefits as damages under the Insurance Code, potentially trebling what would otherwise be ordinary contract damages? That question, which has divided Texas insurance lawyers for more than a...more

Carlton Fields

Federal Court Holds California Insurance Code Bars Duty to Defend Against False Claims Act Violations

Carlton Fields on

The Central District of California held that Section 533 of the Insurance Code eliminated any potential for coverage for suit under the state False Claims Act. On January 4, the U.S. District Court for the Central...more

Perkins Coie

California Makes it Easier to Transfer Insurance Coverage Rights

Perkins Coie on

Last week, the California Supreme Court ruled in Fluor Corp. v. Superior Court, No. S205889, 2015 WL4938295 (Cal. 2015), that an insurer is precluded from refusing to honor an insured’s assignment of rights for past losses...more

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