John David Dickenson and Chad A. Pasternack | Cozen O’Connor | November 26, 2019 Broadly speaking, there are two types of bad faith claims that may be alleged against an insurance company—traditional or non-institutional bad faith, and institutional bad faith. For the former, a policyholder would seek to hold an insurer liable for its acts… Continue reading Defending Institutional Bad Faith Claims, Part I – A Primer On Institutional Bad Faith
Month: December 2019
What Is the Prescriptive Period for Louisiana First-Party Bad Faith Claims?
Deborah Trotter | Property Insurance Coverage Law Blog | November 27, 2019 Louisiana federal courts have been split on the issue regarding the applicable prescriptive period (statute of limitation) for first-party insureds’ bad faith claims against their insurers. Recently, the Louisiana Supreme Court granted review of Smith v. Citadel Insurance Company, to definitively rule on… Continue reading What Is the Prescriptive Period for Louisiana First-Party Bad Faith Claims?
The Concrete (Legal) Jungle
Victor Metsch | Smith Gambrell & Russell | November 21, 2019 Serge Somrov purchased apartment 7A at the Bay Parkway Terrace Condominium. After moving in Somrov replaced the floor of the terrace with Board approval. Ten years later, Somrov was told that a leak on his terrace was causing water damage to the apartment below. Pursuant… Continue reading The Concrete (Legal) Jungle
Spoliation: A Non-Party’s Potential Duty to Preserve Evidence
Kyle Staggs | Property Insurance Coverage Law Blog | December 2, 2019 It is not uncommon in a condominium complex for a unit to be damaged due to a failure in a neighboring unit. With units tightly packed together, water can quickly flow from one unit to another, causing damage along the way. Determining the… Continue reading Spoliation: A Non-Party’s Potential Duty to Preserve Evidence
Foundations, Basement Walls And Collapse — Connecticut Supreme Court Rules Against Coverage
Larry P. Schiffer | Squire Patton Boggs | November 21, 2019 Homeowners in Connecticut (and other states) have had issues with crumbling foundations and basement walls of their homes due to defective concrete manufactured by a specific supplier. They have turned to their homeowners insurance policies for coverage and coverage has been denied. Multiple lawsuits… Continue reading Foundations, Basement Walls And Collapse — Connecticut Supreme Court Rules Against Coverage