Breaking Down Bad Faith: Insurers’ Good Faith Duties and Defending Bad Faith Claims
JONES DAY PRESENTS®: Insurance Implications of the California Consumer Privacy Act
Applying Montana state law, the United States District Court for the District of Montana has held that an insurer has no duty to interplead its policy limits to satisfy claims by multiple competing claimants and did not...more
If you’ve received a settlement check from an insurance company after a car accident, property damage claim, or injury settlement, you might be wondering: how long is an insurance check good for? While holding onto it for a...more
Join Goldberg Segalla partners Brady Yntema and Jeff Matty for an interactive webinar discussing critical issues facing insurers when presented with a time-limited, policy-limits demand to settle third-party liability claims...more
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
The Fair Claims Settlement Practice Regulations set forth the relevant time limits for claims handling responses and determinations. The most important time limits are: 15 days to acknowledge receipt of claim (10 Cal. Code...more
It’s the time of year every boat owner looks forward to — getting their prized possession in the water and prepping it for the season ahead. But, aside from the cleaning and equipment checks, it is also important to regularly...more
The Eleventh Circuit’s decision in Kinsale Insurance Company v. Pride of St. Lucie Lodge 1189, Inc., -- F.4th ----, 2025 WL 1142094 (11th Cir. Apr. 18, 2025), has significant implications for the good faith standard...more
Kennedys partners Jared Greisman, Aaron Konstam, Louis Kozloff and Colin Willmott will be presenting a webinar on understanding business income claims on May 1, 2025. The webinar will survey key contours of business income...more
Navigating medical expenses after a car accident can be overwhelming, but understanding your options makes all the difference. In New Jersey, Personal Injury Protection (PIP) covers medical bills, and if you have additional...more
When a policyholder is at fault, their insurer is often faced with multiple claims. These claims add up quickly and can easily surpass policy limits. With clear fault and insufficient policy limits, what is an insurer to do?...more
Insurers often face the difficult scenario of multiple claims by third-parties under the same policy. In these situations, the reality is that no matter how many claims are settled, the available policy limits may be...more
In the recent decision Universal Property & Casualty Insurance Co. v. Qureshi, the Florida Fourth District Court of Appeal held that homeowners cannot recover replacement cost benefits unless they have incurred expenses for...more
There must be something in the water or the plaintiff’s bar just had a conference where the keynote speaker addressed strategies for putting pressure on insurers by issuing time-limited demands (“TLD”) because we have been...more
Questions arise when an insurer is faced with multiple claimants and insufficient policy limits to settle all claims. Join partners Colleen E. Hayes and Thomas M. Wester for a discussion of the approaches various...more
Insurers are frequently asked to satisfy their duty of good faith and fair dealing by entertaining reasonable settlement offers within the combined limits of the policies. However, primary and excess insurers do not always...more
Earlier this month, the New Jersey Appellate Division issued an unpublished opinion reminding policyholders of the first rule of insurance: Words matter. In Rivera v. Starstone Specialty Ins. Co.,1 the court was asked to...more
Parties to a lawsuit may have vastly different perspectives on the validity and value of a claim, but as a matter of course, the issue of settlement will arise. Trial is an exceedingly expensive endeavor with an uncertain...more
Join Goldberg Segalla partners Christian A. Cavallo and Dustin C. Blumenthal for an interactive webinar discussing practical and legal considerations for insurers presented with a time-limited demand that they pay their...more
In a cautionary tale for insurers everywhere, a California court recently ordered two excess carriers to pay their policy limits twice for a single policy term. Why? Because in the policies at issue, the policy limits paid...more
Tendering policy limits to an insured in response to a Notice of Intent to Litigate, under section 627.70152, Florida Statutes (2021), precludes insureds from recovering pre-suit attorney’s fees from their property insurers...more
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
Long-tail claims involve continuous or progressive injuries that occur over the course of multiple years. Often these claims occur in the context of long-latency diseases, such as those arising from asbestos exposure, or...more
Key Takeaways - New legislation in New Jersey requires insurers to disclose policy limits in response to a written request from a New Jersey-licensed attorney. Broader than the existing pre-suit disclosure statute...more
A little more than one year after Progressive scored a bad faith win in Eres v. Progressive American Ins. Co., 998 F.3d 1273 (11th Cir. 2021), Progressive came away with another victory in Deary v. Progressive American Ins....more
Issues to Watch - 1. Causation—What is an insured’s burden when the claimed loss involves a mix of covered and non-covered causes? Overstreet v. Allstate Vehicle & Prop. Ins. Co., No. 21-10462, 2022 WL 1579278 (5th Cir....more