Barry Zalma | Zalma on Insurance When two insurers dispute which is obligated to defend and indemnify the insured in a bodily injury suit, they both paid half of the settlement and agreed to resolve their differences later in a declaratory relief action – an action of absolute good faith. In Old Republic Insurance Company v.… Continue reading Two Insurers Protected the Insured and Resolved the Coverage Dispute Later
Tag: Insurance Coverage Disputes
Resolving Insurance Coverage Disputes – What Every Legal Department Should Know
Scott Godes and David E. Wood | BT Policyholder Protection Blog In 2022, the insurance industry has been emboldened to issue improper denials of insurance coverage for claims and lawsuits, threaten rescission of insurance policies and sell insurance policies with hidden trapdoors buried in endorsements. This could create a potentially devastating impact on a company’s… Continue reading Resolving Insurance Coverage Disputes – What Every Legal Department Should Know
Seven Tips for Mediating Complex Insurance Coverage Disputes
Rosemary Loehr, Andrew Reidy and Joseph Saka | Lowenstien Sandler Mediation can be a viable way to reach a satisfactory settlement on an insurance dispute. When successful, mediation offers a less costly and time-consuming alternative to litigation and often allows for more candor and creativity in crafting a successful resolution. Below are seven tips for… Continue reading Seven Tips for Mediating Complex Insurance Coverage Disputes
The Insured has the Duty to Prove Coverage for Defense
Barry Zalma | Zalma on Insurance In Zurich American Insurance Company v. Ironshore Specialty Insurance Company, 137 Nev.Adv.Op. 66, No. 81428, Supreme Court of Nevada, En Banc (October 28, 2021) the Supreme Court was asked to answer inquiries from the Ninth Circuit because two federal district courts issued conflicting decisions regarding whether, in Nevada, the insured… Continue reading The Insured has the Duty to Prove Coverage for Defense
Wyoming Supreme Court Allows Insured to Seek Bad Faith Damages
Lee-Ann Brown | Bradley Arant Boult Cummings In May of this year, the Supreme Court of Wyoming held that a subsidiary of Sinclair Oil could invoke statutory bad faith damages after prevailing in a coverage dispute with its insurer, Infrassure. The court rejected the district court’s analysis that accepted the insurer’s narrow interpretation of Wyoming’s… Continue reading Wyoming Supreme Court Allows Insured to Seek Bad Faith Damages