Insurance Litigation, Uninsured and Under-Insured Motorists, Summary Judgment

Connecticut Court Denies Summary Judgment in Uninsured Motorist Claim Over Unexhausted Coverage Limits

Marshall Dennehey on 5/30/2025

Latney v. Fernandez, 2025 WL 457693, No. HHD-CV-23-6168441S (Sup. Ct Hartford, Feb. 6, 2025) - The Superior Court of Connecticut denied a motion for summary judgment to dismiss a claim for uninsured motorist benefits because...more

Federal District Court in Florida Grants Summary Judgment for Insurer, Finding that Transportation Network Company’s Policy Did...

Marshall Dennehey on 11/20/2024

Progressive Express Insurance Company v. Rasier-DC, LLC, 2024 WL 1831535 (S.D. Fla. Mar. 19, 2024) - The defendant insurance company brought a declaratory judgment action to determine whether the policy it wrote to a...more

Superior Court of Connecticut Granted Summary Judgment in Negligent Entrustment Action Where Plaintiff Sought to Sustain Their...

Marshall Dennehey on 11/20/2024

D’Elia v. Liberty Mutual Insurance Company et al., 2024 WL 2931140 (Sup. Ct. Waterbury, June 3, 2024) - In this matter, a vehicle rented by defendant ELRAC, LLC to Mr. Edreice Harrell, but operated by an unknown driver, was...more

Eleventh Circuit Affirms Summary Judgment for UIM Insurer in Alabama Bad Faith Case.

Butler Snow LLP on 9/27/2022

In a recent unpublished opinion, the 11th Circuit upheld summary judgment for an auto insurer on claims of breach of contract, bad faith and outrage stemming from an underinsured motorist (UIM) claim. Voss v. State Farm Mut....more

Arizona Court of Appeals Holds Anti-Stacking Provision Inapplicable in Policies Issued by "Affiliated Insurers"

Jaburg Wilk on 6/11/2018

The Holding - In Hanfelder v. Geico Indem. Co., WL 2018 WL 2315949 (May 22, 2018), the Arizona Court of Appeals reversed summary judgment granted to an Insurer because the Policy’s “imprecise” anti-stacking language did...more

Butler Wins Dismissal of a First-Party Bad-Faith Claim Involving a Civil Remedy Notice That Listed a Different Household Policy

Butler Weihmuller Katz Craig LLP on 1/24/2018

In Florida, an insured cannot bring a first-party bad faith claim based on a claim for UM coverage unless the insured first files a Civil Remedy Notice (CRN) with the Florida Department of Financial Services. In Mathurin v....more

Fifth Circuit Court of Appeals: Establishing an Arguable Basis for Delay or Denial of a Claim Precludes a Finding of Bad Faith

Saul Ewing Arnstein & Lehr LLP on 8/12/2015

Dey v. State Farm Mut. Auto. Ins. Co., No. 14-60300, 2015 WL 3772762 (5th Cir. June 17, 2015). Fifth Circuit holds that “pocketbook dispute” between insured and insurer over value of the insured’s claim and insurer’s...more

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