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?
Category: Bad Faith
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
Bad Faith Damages Against Surplus Line Insurers Might Not Be Capped in Illinois
Paul Walker-Bright | Neal, Gerber & Eisenberg | November 15, 2019 I recently had occasion to read through the Illinois Surplus Line Law in detail when I noticed something interesting: surplus lines insurance companies may not be subject to the cap on bad faith damages usually applied to claims against insurers in Illinois. Allow me… Continue reading Bad Faith Damages Against Surplus Line Insurers Might Not Be Capped in Illinois
California Supreme Court Holds “Notice-Prejudice” Rule is “Fundamental Public Policy” of California, May Override Choice of Law Provisions in Policies
Anthony L. Miscioscia and Timothy A. Carroll | White and Williams | August 30, 2019 On August 29, 2019, in Pitzer College v. Indian Harbor Insurance Company, 2019 Cal. LEXIS 6240, the California Supreme Court held that, in the insurance context, the common law “notice-prejudice” rule is a “fundamental public policy” of the State of California… Continue reading California Supreme Court Holds “Notice-Prejudice” Rule is “Fundamental Public Policy” of California, May Override Choice of Law Provisions in Policies