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Insurance Industry › Insurance Litigation › Jury Trial

Cozen O'Connor

Texas Supreme Court Reaffirms Procedure for Litigating Bad Faith Claims in UM/UIM Cases

Cozen O'Connor on

In In Re State Farm Automobile Insurance Co. and Lindsey Nicole Dessart, 712 S.W.3d 53 (Tex. 2025), the Texas Supreme Court clarified the proper procedure for litigating bad faith claims related to uninsured/underinsured...more

Marshall Dennehey

The Trial Court Incorrectly Entered Directed Verdict for the Insurer

Marshall Dennehey on

Wenzel v. Homeowners Choice Prop. & Cas. Ins. Co., Fla. 4th DCA, 4D2023-0088, Apr. 24, 2024 - Following a jury trial, the circuit court entered a directed verdict for the insurer and set aside the jury’s verdict, concluding...more

Robins Kaplan LLP

A Magnifying Glass on the Notice Prejudice Standard in Massachusetts for Excess Insurers

Robins Kaplan LLP on

What happens between a primary and excess liability insurer when their mutual insured is hit with a verdict $2.15 million over the primary limit and the excess insurer was not put on notice until after the verdict? This was...more

Cozen O'Connor

Eleventh Circuit: Jury Instruction About Notice to Insured of Settlement Demand Was Required (Florida)

Cozen O'Connor on

In its recent decision, Brink v. Direct General Ins. Co., 38 F.4th 917 (11th Cir. 2022), the Eleventh Circuit ruled 2-1 that the Florida district court erred when it failed instruct a jury that an insurer not only owed a duty...more

Epstein Becker & Green

Jury Sides with Insurer in First COVID-19 Jury Trial

Epstein Becker & Green on

As we previously reported, Judge Bough of the U.S. District Court for the Western District of Missouri denied an insurance carrier’s motion for summary judgment in K.C. Hopps Ltd. v. The Cincinnati Ins. Co. Inc., No....more

Troutman Pepper Locke

Pinto v. Farmers Insurance Exchange: California Appellate Court Confirms Juries Must Specifically Find Insurer Acted Unreasonably...

Troutman Pepper Locke on

On March 8, the California Court of Appeal issued an important opinion clarifying that the trier of fact in a bad faith “failure to settle” case must specifically find that the insurer acted unreasonably in order to find...more

Holland & Hart - Your Trial Message

Expect Bias Against the Insurer

Holland & Hart - Your Trial Message on

It is an odd business relationship. As far as the customers go, they’re buying a service that they truly hope they will never need. For the companies, the ideal customer is the one they never meet, the one who pays their...more

Pillsbury - Policyholder Pulse blog

Forging New Paths: Incorporating Appellate Strategies into Insurance Litigation

Pillsbury - Policyholder Pulse blog on

Claim analysis and pre-trial preparation can sometimes become so focused on determining what the law is that lawyers lose sight of our ability to change that law. In some cases, that means discovering and arguing new legal...more

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