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
Category: Bad Faith
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
Admissibility of Expert Opinions in Insurance Bad Faith Trials
David McLain | Colorado Construction Litigation| October 8, 2019 In 2010, Hansen Construction was sued for construction defects and was defended by three separate insurance carriers pursuant to various primary CGL insurance policies.[i] One of Hansen’s primary carriers, Maxum Indemnity Company, issued two primary policies, one from 2006-2007 and one from 2007-2008. Everest National Insurance Company issued… Continue reading Admissibility of Expert Opinions in Insurance Bad Faith Trials
Prohibited Insurer Conduct and Unfair Acts Expressed Through California Case Law – Another Quick Guide to Holding an Insurer Accountable
Victor Jacobellis | Property Insurance Coverage Law Blog | October 26, 2019 In California, a carrier’s bad faith liability includes conduct beyond what is set out in the Insurance Code (statutory) and the Fair Claims Settlement Practices Act regulations. Bad faith conduct is also expressed through case law. Some of this additional bad faith conduct… Continue reading Prohibited Insurer Conduct and Unfair Acts Expressed Through California Case Law – Another Quick Guide to Holding an Insurer Accountable
An Example of Why Policyholders Need Favorable and Strong Bad Faith Laws
Daniel Veroff | Property Insurance Coverage Law Blog | October 19, 2019 Our Northern California office is battling the big insurers for their conduct in response the 2017 NorCal Wildfires, and recently some of our clients received letters purporting to be a “friendly reminder” from their insurance company. Well, they were actually not so friendly.… Continue reading An Example of Why Policyholders Need Favorable and Strong Bad Faith Laws