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Insurance Litigation Denial of Insurance Coverage Insurance Code

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

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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

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

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