Bad-Faith Claims

Geoffrey J. Greeves and Victoria N. Lynch – September 25, 2013 New York continues to face significant challenges in recovering from the extensive losses caused by Superstorm Sandy. The storm caused unprecedented damage to coastal areas, tidal surges that inundated Lower Manhattan, severe flood damage to airports, subways, and tunnels, and damage to electrical systems… Continue reading Bad-Faith Claims

Insurers’ Motion to Knock Out Bad Faith, Negligent Misrepresentation Claims in Construction Defect Case Denied

Tred Eyerly – August 12, 2013 Having previously decided that construction defect claims did not arise from an occurrence and were consequently not covered under Hawaii law, the Hawaii Federal District Court refused to dismiss the insured’s second amended counterclaim alleging various claims for relief. Ill. Nat’l Ins. Co. v. Nordic PCL Construc., Inc., 2013… Continue reading Insurers’ Motion to Knock Out Bad Faith, Negligent Misrepresentation Claims in Construction Defect Case Denied

Insurance Bad Faith on Investigation

Robert Lewis – August 2, 2013 The state of Arizona allows insured parties to sue insurance companies for bad faith if they deny or delay claim payment without good reason. Consistent with the Unfair Claims Settlement Practices statute, Arizona courts have issued decisions on a number of cases involving insurance companies and their refusal to… Continue reading Insurance Bad Faith on Investigation

CA Supreme Court Allows UCL Claim Based on Conduct That Allegedly Constitutes Unfair Insurance Practices

Joanna McCallum – August 5, 2013 The California Supreme Court yesterday issued a decision that confirms an expansive view of the scope of the unfair competition law, Cal. Bus. & Prof. Code § 17200 et seq. (the “UCL”). The Court held that an insured may sue an insurer under the UCL based on conduct that… Continue reading CA Supreme Court Allows UCL Claim Based on Conduct That Allegedly Constitutes Unfair Insurance Practices

Maryland Court of Special Appeals Upholds Board’s Decision to Deny Architectural Application

Roberto M. Montesinos – June 10, 2013 Randall Reiner, et ux. v. Clifford Ehrlich, et al.  2013 Md. App. LEXIS 61 A recently reported decision issued by the Maryland Court of Special Appeals offers some guidance and support for community associations on two issues that are frequently the subject of homeowner disputes. The case of… Continue reading Maryland Court of Special Appeals Upholds Board’s Decision to Deny Architectural Application

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