Donimica C. Anderson and Daniel B. Heidtke | Duane Morris Certain time-limited settlement demands delivered on or after January 1, 2023 will be subject to additional restrictions as California Code of Civil Procedure (“CCP”) Sections 999-999.5 take effect in the New Year. In the past, policyholder counsel have issued policy-limit demand letters, with little detail,… Continue reading Clock is Ticking: New Law Restricts Time-Limited Policy Limit Settlement Demands
Category: Bad Faith
Arizona Appellate Court Determines Standard for Aiding and Abetting Bad Faith Claims
Patrick Gorman | Jones, Skelton & Hochuli The Arizona Court of Appeals recently analyzed a question that often plagues the removal of an insurance bad faith case to federal court: what is the standard to state a claim against an alleged aider and abettor of a bad faith claim? In Iglesia de Jesucristo Minesterios v. Brotherhood… Continue reading Arizona Appellate Court Determines Standard for Aiding and Abetting Bad Faith Claims
Claims Adjusters Or Lawyers? Federal Court Sees No Difference.
Steven L. Miracle | Meissner Tierney Fisher & Nichols An insurance company’s duty of good faith and fair dealing is incorporated into every insurance policy. Generally speaking, the duty requires an insurance company to act fairly toward its insured and not place its own interests above the insured’s interests, whether in the context of an… Continue reading Claims Adjusters Or Lawyers? Federal Court Sees No Difference.
Minnesota Just Made It Harder For Insureds To Claim ‘Bad Faith
Matthew S. Jones | Freeman Mathis & Gary In the matter entitled Fishbowl Solutions v. Hanover Ins. Co., the United States District Court for Minnesota affirmed a Magistrate Judge’s Order denying an insured’s motion to amend the complaint to allege “bad faith.” The insured purchased a technology professional liability policy. When a third-party fraudster obtained… Continue reading Minnesota Just Made It Harder For Insureds To Claim ‘Bad Faith
Insurer in Bad Faith Due to Adjuster’s Failure to Keep Abreast of Case Law
Tred R. Eyerly | Insurance Law Hawaii The federal district court found that the insurer acted in bad faith when the claim was denied based on the adjuster’s lack of knowledge of recent case law in Washington. Sec. Nat’l Ins. Co. v. Constr. Assocs. of Spokane, 2022 U.S. Dist. LEXIS 53533 (E.D. Wash. March… Continue reading Insurer in Bad Faith Due to Adjuster’s Failure to Keep Abreast of Case Law