Robert d. Helfand | Carlton Fields Jorden Burt | December 4, 2015 The insurance relationship is contractual, but when policyholders claim insurers failed to honor their obligations, they typically invoke the tort of “bad faith.” When courts try to explain this anomaly, they cite features of insurance making it uniquely important that parties respect each… Continue reading Can Insurers Sue for ‘Reverse Bad Faith’?
Tag: Bad Faith
Oregon Supreme Court Eases the Path to hold Insurers Accountable for Bad Faith Practices
Kyle Sturm | Ball Janik | November 20, 2015 Yesterday, the Supreme Court of Oregon overruled Stubblefield v. St. Paul Fire & Marine (1973) and paved the way for a more commonsense approach to negotiating stipulated judgments. Stipulated judgments have been a well-worn, though somewhat perilous, mechanism for insureds to resolve liability claims against them… Continue reading Oregon Supreme Court Eases the Path to hold Insurers Accountable for Bad Faith Practices
Investigation Took Over a Year but Court Finds There Was No Bad Faith
Brandee Bower | Property Insurance Coverage Law Blog | November 2, 2015 There is a new case out of Pennsylvania where the insurance company took over a year to investigate and finally denied the claim but the court found there was no bad faith. Reported cases are great to read and provide an education how… Continue reading Investigation Took Over a Year but Court Finds There Was No Bad Faith
Hail Storm “Cosmetic” Damage & Direct “Physical” “Loss”
Advise & Consult, Inc. | September 3, 2015 Cosmetic damage (small dents) occurred to a metal roof resulting from a hail storm. The insurer filed a claim with its carrier, Cincinnati Ins. Co., and an insurance adjuster inspected the roof and other than the dents, there was little other evidence of damage. The estimate of… Continue reading Hail Storm “Cosmetic” Damage & Direct “Physical” “Loss”
Litigation does not End the Continuing Duty of Good Faith
Brandee B. Bower | Property Insurance Coverage Law Blog | June 10, 2015 In a recent case in Tennessee, homeowners suffered a fire loss and filed a claim with their insurance company, Anpac.1 The insurance company investigated the loss and found that the homeowners intentionally set the fire and denied coverage. It then filed a declaratory judgment… Continue reading Litigation does not End the Continuing Duty of Good Faith