Insurance Policy’s Promise to Advance Claims Expense for Covered Claims Does Not Create a Duty to Defend

Christopher Kendrick and Valerie Moore | Haight Brown & Bonesteel | May 7, 2019 In United Farm Workers of America v. Hudson Insurance Company, (E.D. Cal.) 2019 WL 1517568, the United Farm Workers of America union (UFW) sued Hudson Insurance Company for breach of contract and bad faith arising out of a former employee’s wrongful termination… Continue reading Insurance Policy’s Promise to Advance Claims Expense for Covered Claims Does Not Create a Duty to Defend

Federal and State Court Split on Procedure for Alleging Bad Faith

Christina Phillips | Property Insurance Coverage Law Blog | March 29, 2019 Minnesota Statute section 604.18, commonly known as Minnesota’s Bad Faith Law, permits an insured to add a claim to recover taxable costs based on an insurance company’s bad faith denial of policy benefits. The procedure for bringing a claim under section 604.18 differs… Continue reading Federal and State Court Split on Procedure for Alleging Bad Faith

Insured’s Complaint for Breach of Contract and Bad Faith Adequately Pleads Consequential Damages

Tred R. Eyerly | Insurance Law Hawaii | March 4, 2019     The appellate court overturned the trial court’s dismissal of the insured’s complaint seeking consequential damages. D.K. Prop. Inc. v. Nat’l Union Fire Ins. Co. of Pittsburgh v, Pa., 2019 N.Y. App. Div. LEXIS 329 (N.Y. App. Div. Jan. 17, 2019).      The… Continue reading Insured’s Complaint for Breach of Contract and Bad Faith Adequately Pleads Consequential Damages

A Good-Faith Attempt to Limit Unwarranted Bad-Faith Liability in Georgia

Tiffany L. Powers, Kyle G.A. Wallace and Bryan W. Lutz | Alston & Bird | March 20, 2019 A victory for insurers in Georgia’s Supreme Court clarifies state law on liability for failing to settle a claim. Our Insurance Litigation & Regulatory Team offers three key holdings that will limit an insurer’s potential exposure. The… Continue reading A Good-Faith Attempt to Limit Unwarranted Bad-Faith Liability in Georgia

When Are Insurance Bad Faith Damage Awards Excessive?

Ruchard J. Doren and Michael Holecek | Gibson, Dunn & Crutcher | March 20, 2019 To evaluate the potential risks for insurance company clients sued for bad faith claim handling, defense counsel must understand the categories of potential damages that could be awarded and have a basis from which to assess their potential magnitude. Bad… Continue reading When Are Insurance Bad Faith Damage Awards Excessive?

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