News & Analysis as of

Policy Terms Settlement Insurance Claims

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

JUSTICENTER

How Long Is an Insurance Check Good For?

JUSTICENTER on

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

McGuireWoods LLP

The Archdiocese Resurrects Faith in the New York Court System:  New York Supreme Court Issues Another Decision Allowing a New York...

McGuireWoods LLP on

Last month, the New York Supreme Court issued a well-reasoned order denying the Archdiocese’s insurers’ motion to dismiss its claim against them for breach of the covenant of good faith and fair dealing, holding that the...more

A&O Shearman

Insuring data breach liabilities – how different policies can stack up and the problem of late notification

A&O Shearman on

An English Court has recently decided that three insurance policies covering the same loss – data breach settlements arising from an incorrectly addressed email – provided a combined, cumulative limit of indemnity. While the...more

Lowenstein Sandler LLP

Beyond the Defense: Exploring the Insurer’s Duty to Indemnify

Lowenstein Sandler LLP on

In this episode of "Don't Take No For An Answer," host Eric Jesse and Heather Weaver from Lowenstein's Insurance Recovery Group invite guest Michael Young, partner at Reichardt Noce and Young, to discuss an insurer's duty to...more

Carlton Fields

Tenth Circuit Interprets Excess Policy’s Definition of “Medical Incident” as Applying to the Injuries of One Single Person

Carlton Fields on

On May 2, 2025, the Tenth Circuit Court of Appeals issued an opinion in AdHealth Limited v. PorterCare Adventist Health Systems affirming the lower court’s summary judgment ruling that a hospital’s excess liability insurance...more

Carlton Fields

Divided Ninth Circuit Finds Claimant’s Failure to Provide Medical Records Insulates Insurer From Bad Faith Failure to Settle

Carlton Fields on

If at first you don’t succeed, try, try again. An age-old adage that now provides critical guidance for insurers seeking to protect themselves in the face of bad faith failure to settle claims....more

Carlton Fields

Texas Appeals Court Finds Project Owner Excluded From Coverage as Claimants’ Statutory Employer

Carlton Fields on

On April 3, 2025, a Texas state appeals court reversed a trial court order awarding Exxon Mobil $25 million under an umbrella insurance policy issued by Lexington Insurance Co. to Brock Services Ltd. The appeals court found...more

Sheppard Mullin Richter & Hampton LLP

The Ninth Circuit Confirms That Liability Insurers Are Entitled to Corroborating Medical Documentation Before Settling a...

Liability insurers often receive policy limit demands from third-party claimants that allege serious injuries without corroborating medical records or bills. Since the enactment of California Civil Procedure Code section 999...more

Cozen O'Connor

The Latest On Louisiana’s Bad Faith and Claims-Handling Statutes

Cozen O'Connor on

On July 1, 2024, the widespread changes to Louisiana insurance law took effect after Governor Jeff Landry signed Senate Bill No. 323 into law as “Act No. 3” (hereafter, the “Act”). With the first anniversary of the Act...more

McCarter & English, LLP

Delaware Court Holds Settlement of Underlying Securities Litigation Is Covered Under D&O Policy, Rejecting Insurers’ Assertion of...

A Delaware court recently found for the policyholders in determining that a directors and officers (D&O) liability policy covered the settlement of an underlying action alleging violations of the Securities Exchange Act of...more

Farella Braun + Martel LLP

Sometimes, Insurers Want To Settle!

This summary of a recently filed complaint illustrates one of the worst-case scenarios an insured defendant can find itself in: getting slapped with a verdict in excess of your liability insurance limits.  Here, it was an $11...more

Zelle  LLP

How to Be a Reasonably Prudent Insurer Under the Stowers Doctrine, Part II

Zelle LLP on

There are a number of factors that Courts review when determining whether an insurer has acted under a “reasonably prudent insurer” standard under the Stowers doctrine. We have previously discussed key issues to look out for...more

Morris James LLP

Subrogation and UIM Claims: Unpacking the Recent Henry and Manz Decisions

Morris James LLP on

The Delaware Supreme Court's decisions in Henry I and Henry II have had a significant impact on workers’ compensation claims involving underinsured motorist (UIM) benefits. Here, we break down the complex issues surrounding...more

Lowenstein Sandler LLP

Taking the Right Steps To Navigate the Consent To Settle Provision in an Insurance Policy and Maintaining the Right to Coverage...

Lowenstein Sandler LLP on

Insurers often try to withhold, or at least minimize, coverage by taking the position that a policyholder has failed to keep the insurer sufficiently informed throughout the defense of an underlying matter or has failed to...more

Cozen O'Connor

Next Steps for an Excess Insurer After an Unsuccessful Hammer Letter

Cozen O'Connor on

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

Akerman LLP

April Fools? Nope. Hard-to-Believe Reasons Used to Defeat Acceptance of Settlement Offers

Akerman LLP on

No one likes a copycat, but insurers in Georgia have no other choice when trying to accept a settlement demand. If an insurer’s attempted acceptance of a settlement demand does not mirror the terms of the demand exactly —...more

Vedder Price

Global Transportation Finance Newsletter: April 2024

Vedder Price on

Drafters beware! No assignment clauses vs transfers by operation of law - In Dassault Aviation SA v Mitsui Sumitomo Insurance Co Ltd1 , the Court of Appeal found that the transfer of rights to an insurer by operation of...more

Butler Weihmuller Katz Craig LLP

The Many Faces Of Multiple Liability Claims: Two Divergent Opinions From The Eleventh Circuit Court Of Appeal

The Eleventh Circuit Court of Appeals recently released two opinions involving multiple liability claims against an insured with insufficient policy limits.  Both cases involved appeals from summary judgment orders in bad...more

Cozen O'Connor

PA Supreme Court Holds General Contractor Overhead and Profit Can be Withheld From ACV Payments

Cozen O'Connor on

On August 18, 2020, the Supreme Court of Pennsylvania held, in a 4-3 decision, that insurer, Truck Insurance Exchange, was entitled to withhold general contractor overhead and profit expenses (“GCOP”)...more

Carlton Fields

When Evidentiary Error Matters: Eleventh Circuit Affirms Decision to Grant Retrial

Carlton Fields on

The U.S. Court of Appeals for the Eleventh Circuit recently closed the book on litigation in which GEICO had been involved since 2010, holding that the granting of a retrial—which resulted in a GEICO victory after an initial...more

21 Results
 / 
View per page
Page: of 1

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide
- hide