Krista Elsasser, Samantha Epstein and Hope Zelinger | Bressler, Amery & Ross On September 13, 2021, Judge Nicholas Lopane in Broward County dismissed a bad faith suit filed by McDonald and Barnhill against United Property and Casualty Insurance Company (“United”), finding that the Civil Remedy Notice (“CRN”) on which it was purportedly based to be… Continue reading Bad Faith Suit Dismissed for Insufficient Civil Remedy Notice
Category: Bad Faith
No Bad Faith When Insurer Relied on Opinion of Independent Consultant
Alycen A. Moss and Elliot Kerzner | Property Insurance Law Observer The Court of Appeals of Georgia recently held that an insurer’s reliance on the report of an independent consultant creates a presumption that it did not act in bad faith in denying coverage. In Montgomery v. Travelers Home and Marine Ins. Co., 859 S.E.2d 130… Continue reading No Bad Faith When Insurer Relied on Opinion of Independent Consultant
Insurer Motion to Intervene in Underlying Case Denied
Tred R. Eyerly | Insurance Law Hawaii The Colorado Supreme Court determined that the insurer defending under a reservation of rights could not intervene in the underlying case after the insured assigned its rights to any bad faith claim against the insurer. Auto-Owners Ins. Co. v. Bolt Factory Lofts Owners Ass’n, Inc., 2021 Colo.… Continue reading Insurer Motion to Intervene in Underlying Case Denied
When an Insurer Fulfills its Promises There Can Never be “Bad Faith”
Barry Zalma | Zalma on Insurance It is Contumacious to Sue an Insurer Who Fulfills all Promises Made by its Policy An insurance contract is nothing more than mutual promises made by the insurer to the insured and from the insured to the insurer. When an insurer keeps all of the promises it made, settles… Continue reading When an Insurer Fulfills its Promises There Can Never be “Bad Faith”
Court of Appeal Holds Only “Named Insureds” May Sue for Bad Faith Under California FAIR Plan Policy
Valerie A. Moore and Kathleen E.M. Moriarty | Haight Brown & Bonesteel In Wexler v. California Fair Plan Association (No. 303100, filed 4/14/21), Brooke Wexler’s parents insured their residence, which was located in a mountainous high-fire risk area, with a California FAIR Plan Association owner-occupied dwelling policy. The policy only listed Wexler’s parents and did not name… Continue reading Court of Appeal Holds Only “Named Insureds” May Sue for Bad Faith Under California FAIR Plan Policy