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Settlement Agreements Insurance Industry

Goldberg Segalla

[Webinar] Time-Limited, Policy Limits Demand: Critical Issues Facing Insurers When Settling Third-Party Liability Claims - July...

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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

Frantz Ward LLP

Sixth Circuit Revives an Equitable Claim for Disgorgement Under ERISA Where an Insurer Obtained Reimbursement is Not Set Forth in...

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In Patterson v. United Healthcare Insurance Company, 76 F.4th 487 (6th Cir. 2023), the Sixth Circuit held that the plaintiff insured had stated an equitable claim for disgorgement under ERISA where he sought disgorgement of...more

Rivkin Radler LLP

New York Insurance Coverage Law Update - October 2023

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The insured, a jewelry business, filed a coverage action against Certain Underwriters at Lloyd’s of London, which denied coverage to the insured under a policy purchased for the insured’s jewelry. The insured’s complaint...more

Davis Wright Tremaine LLP

Oregon Court of Appeals Analyzes Insurance Coverage Issues in Construction Dispute

In Twigg v. Admiral Insurance Co.,[1] the Oregon Court of Appeals recently resolved an insurance coverage dispute arising out of a construction project. Two homeowners hired a contractor to build a new home. The homeowners...more

Ward and Smith, P.A.

For Licensees, Understanding the NC Department of Insurance's Mission is Mission Critical

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Knowing the legislative mandate (i.e. the mission) of a licensing body is a crucial step in understanding its scope of authority to govern the licensed professionals subject to its authority.  This article provides a...more

Robins Kaplan LLP

Damned if You Do, Damned if You Don’t

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Seifer v. Government Employees Insurance Company, decided by the First Circuit on May 13, 2022, raises an issue that could cause insurers to rethink how they handle claim investigations and pre-suit settlements. Seifer raises...more

Rumberger | Kirk

Eleventh Circuit Reverses its Prior Reasoning Finding: Settlement Agreements can now be Basis for a Bad Faith Claim

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In Florida, an excess judgment is when the judgment in the case exceeds the policy limits. The excess judgment rule requires an injured plaintiff to obtain an excess judgment before prosecuting a bad faith claim against an...more

Wiley Rein LLP

Insured’s Failure to Allocate Settlement Between Covered and Uncovered Claims Precludes Recovery

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The United States District Court for the Southern District of Florida, applying Florida law, has held that an insurer had no obligation to provide any coverage for its insured’s unallocated, lump-sum settlement payment made...more

Lowenstein Sandler LLP

Mediating Complex Insurance Coverage Disputes Series Part 4 - How to Seal the Deal

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In this episode, hosts Lynda A. Bennett and Michael D. Lichtenstein discuss the final stage of mediation, or how to “seal the deal.” They debate the pros and cons of addressing non-financial terms of the settlement, such as...more

White and Williams LLP

New York Court Permits Asbestos Claimants to Proceed Against Insurers with Buyout Agreements

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A recent New York federal district court decision addresses a number of issues in the context of asbestos coverage involving an insolvent insured, holding that policy buyout agreements between the insured and its insurers did...more

White and Williams LLP

Eleventh Circuit Finds No Bad Faith Where Insurer Failed to Provide “Mirror-Image” Response to Claimant’s Demand

In Florida, an insurer is required to work diligently on the insured’s behalf to avoid an excess judgment, with the “same haste and precision as if it were in the insured’s shoes”. Harvey v. GEICO General Insurance Company,...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Pioneer Metals Finishing Superfund Site: California Insurance Commissioner (As Liquidator of Western Employers Insurance Company)...

The United States Department of Justice (“DOJ”) announced in a February 1st Federal Register Notice a Settlement Agreement (“Settlement Agreement”) involving the Comprehensive Environmental Response, Compensation, and...more

Wiley Rein LLP

Ninth Circuit Holds that Excess Carrier May Challenge Allocation of Primary Carrier’s Settlement that Resolves Both the Underlying...

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Applying California law, the Ninth Circuit held that an excess insurer may challenge the allocation of an underlying settlement that resolves both an underlying claim against an insured and the insured’s coverage dispute with...more

Adler Pollock & Sheehan P.C.

Settlement And Assignment Agreements And The Threat Of ‘Underlitigation’

A recent Supreme Judicial Court (SJC) decision offers guidance for situations in which a defendant settles a case and assigns its insurance rights to the plaintiff. Settlement agreements are encouraged as a matter of general...more

Bricker Graydon LLP

Attorney General Yost announces multistate data breach settlement with Premera

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Ohio Attorney General Dave Yost recently announced a multistate settlement that will require health insurance company Premera Blue Cross to pay $10 million following a breach of protected health information (PHI). According...more

Robinson+Cole Data Privacy + Security Insider

Premera Blue Cross Settles for $10M with 30 States for 2014 Data Breach

Following an investigation led by the Washington Attorney General, Premera Blue Cross has agreed to pay $10 million to 30 states after experiencing a data breach in 2014 that compromised the Protected Health Information of...more

Steptoe & Johnson PLLC

First Look - Spring 2019: Insurance Newsletter

It takes a nimble insurer to navigate around the landmines created by a consent judgment. This issue explores the challenges presented when a plaintiff and a defendant settle a claim, yet they agree that the plaintiff will...more

Michigan Auto Law

The “Game” of 7 Day Car Insurance Policies continues with 6 Month Policies with Installment Payments

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“Michigan stops LA Insurance’s sale of 7 day car insurance policies, but will the uninsured driver problem in Detroit improve now that 7 day policies are being replaced with 6 month car insurance with installment payments?” ...more

Pillsbury - Policyholder Pulse blog

Electing to Pay One Claim Over Another to an Insured’s Detriment Could Subject Insurers to Bad Faith Claims

A federal court in Michigan just breathed new life into a long-running legal saga—while at the same time issuing a warning shot across the bows of insurers—by declining to dismiss an insured’s bad faith cause of action...more

Carlton Fields

Court Affirms Dismissal Of Claim For Commissions For Placement Of Puerto Rican Public Liability Insurance

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Plaintiffs Berkley Risk Solutions LLC, an insurance and reinsurance management services provider, and Admiral Insurance Co., an excess and surplus lines insurer, sued Industrial Re-International Inc., a New York reinsurance...more

Carlton Fields

Eleventh Circuit Deems Voluntary Dismissal of a Coverage Action Sufficient to Award Attorneys’ Fees to a Policyholder as the...

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In a recent unpublished opinion, the Eleventh Circuit issued a decision that should serve as a warning to insurers to be sure to resolve all issues before dismissing a coverage action, particularly when involved in the...more

Nossaman LLP

Ninth Circuit Reaffirms Policyholder Right to Sue Recalcitrant Excess Insurer

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A new opinion published on March 21, 2017 from the Ninth Circuit (Teleflex Medical Inc. v National Union, Case no 14-56366 ) affirmed a $6+ M judgment against AIG subsidiary National Union, who was excess a primary policy...more

Carlton Fields

Third Circuit Slams The Door On Coverage For The Cost of Defending Excluded Claims—Then Leaves It Wide Open

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An insured corporation settles a class action, and a portion of the settlement pays the plaintiffs’ attorneys. Payments to the class are excluded from coverage under the terms of the corporation’s liability policy. But can...more

Carlton Fields

Federal Court Dismisses Claims Against Third-Party Administrator

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The Indiana Department of Environmental Management and the Environmental Protection Agency brought certain enforcement actions against Hartford Iron & Metal, Inc. to remediate alleged environmental damage at a scrapyard run...more

Carlton Fields

Real Property & Title Insurance Update: Weeks Ending April 29 & May 6, 2016

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REAL PROPERTY UPDATE - Foreclosure/Requests for Admission: trial court erred by involuntarily dismissing foreclosure action based solely on lender’s failure to respond to requests for admission because lender’s...more

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