Chris D’Amour, Paige Franckiewicz and Jeffey Richardson | Adams and Reese In a recent unanimous decision in Wilson v. Louisiana Citizens Property Insurance Corporation, the Louisiana Supreme Court held that bad faith claims against insurance companies are subject to a two-year prescriptive period when a policy states that a breach of contract claim against the insurer… Continue reading The Allegation Abbreviation: Louisiana Supreme Court Expedites Bad Faith Insurance Litigation
Category: Bad Faith
LA Supreme Court Clarifies Contract Controls Prescriptive Period For First-Party Bad Faith Claims
Caroline F. Crosby and Hunter Williams C. | Phelps Dunbar The Louisiana Supreme Court recently ruled that an insurance policy’s two-year limitation on the institution of suits by a policyholder creates a two-year prescriptive period for a policyholder’s bad faith claim against the insurer, even though the claim otherwise would have a 10-year prescriptive period. In 2023,… Continue reading LA Supreme Court Clarifies Contract Controls Prescriptive Period For First-Party Bad Faith Claims
Insurer’s Bad Faith is Actionable Tort for Purposes of Choice of Law Analysis
Janeen M. Thomas | SDV Insights When an insurer handles a claim in violation of its duty to act in good faith, policyholders are often eager to sue the insurer for bad faith, seeking extra contractual damages. Before filing suit, however, it is critical that policyholders consider what state’s law applies to the bad faith… Continue reading Insurer’s Bad Faith is Actionable Tort for Purposes of Choice of Law Analysis
Recent Tort Reforms Expected to Have Major Impact on Insurance Litigation in Florida
Jennifer Mathis and Carrie E. Paulsen | Troutman Pepper A wide range of tort reform laws (HB 837) were recently approved by the Florida House and went into effect on March 24. HB 837 is intended to help protect businesses and insurers from excessive litigation in Florida and is expected to make it more difficult… Continue reading Recent Tort Reforms Expected to Have Major Impact on Insurance Litigation in Florida
Breach of Duty of Good Faith and Fair Dealing Packaged with Contract Disputes Act Claim
David Adelstein | Florida Construction Legal Updates An interesting opinion on a motion to dismiss came out of the United States Court of Federal Claims dealing with the claim that the government breached its duty of good faith and fair dealing in administering the prime contract. The contractor’s argument was that the government breached its duty of… Continue reading Breach of Duty of Good Faith and Fair Dealing Packaged with Contract Disputes Act Claim