John David Dickenson and Chad A. Pasternack | Cozen O’Connor | November 26, 2019 In Part I of this series, we discussed institutional bad faith and best practices for insurers to minimize the risk of these costly and intrusive lawsuits. In Part II, we will focus on cutting discovery off at the pleadings—by narrowing the plaintiff’s claim,… Continue reading Defending Institutional Bad Faith Claims, Part II – Focusing On Plausibility
Category: Bad Faith
Defending Institutional Bad Faith Claims, Part I – A Primer On Institutional Bad Faith
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
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?
7th Circuit: Appraisal Should Have Ended Dispute Over Roof Replacement
Jim Sams | Claims Journal | November 18, 2019 When managers of the Villas at Winding Ridge in Indianapolis asked a contractor to assess the condition of the 33 roofs in the condominium complex, they learned that a hailstorm the year before had damaged soft metal parts, fascia and air-conditioning condensers on seven or eight… Continue reading 7th Circuit: Appraisal Should Have Ended Dispute Over Roof Replacement
He Who Represents Himself has a Fool for a Client
Barry Zalma | Zalma on Insurance | November 8, 2019 Release of all Claims Defeats Bad Faith Suit First party property insurers seldom use a release of all claims to resolve a fire claim. The only time a release is used is when there is a serious dispute between the insurer and the insured and… Continue reading He Who Represents Himself has a Fool for a Client