Topic: Extra-Contractual Liability
Comparative Bad Faith Defense Not Available in Florida Suit Between Primary and Excess Insurers
Mar 31, 2008 | Extra-Contractual Liability, Florida Developments | United States
Oregon Supreme Court: Punitive Damages in Insurance Bad Faith Case Limited to Four Times Actual Damages
Mar 26, 2008 | Coverage & Claims, Extra-Contractual Liability | United States
Massachusetts State Court: Insured May Proceed With Bad Faith Claim Even Though Statute of Limitations On Breach of Contract Claim Has Run
Mar 26, 2008 | Coverage & Claims, Extra-Contractual Liability, Massachusetts Developments | United States
California Federal Court: Bad Faith and Breach of Duty to Settle Claim Against Excess Insurers Not Ripe Until Final Settlement Reached or Judgment Entered In Excess of Primary Policy Limits
Mar 25, 2008 | Coverage & Claims, Extra-Contractual Liability | United States
Missouri Court of Appeals Upholds $8 Million Punitive Damages Award Against Insurer In Case Arising From $10,300 Auto Claim
Mar 13, 2008 | Coverage & Claims, Extra-Contractual Liability | United States
BI-Economy: New York’s Highest Court Sustains Insured’s Claim for Consequential Damages
Feb 28, 2008 | Coverage & Claims, Extra-Contractual Liability, New York Developments | United States
In Bi-Economy v. Harleysville, 2008 N.Y. Slip Op. 01418 (Feb. 19, 2008), the New York Court of Appeals reversed summary judgment for an insurer and held that, under the factual circumstances presented and “in light of the nature and purpose of the insurance contract at issue,” the insured had stated a viable claim for consequential damages.
Read MorePanasia: New York High Court Permits Consequential Damages for Bad Faith Breach of Policy
Feb 28, 2008 | Coverage & Claims, Extra-Contractual Liability, New York Developments | United States
The New York Court of Appeals recently held that consequential damages are a permissible remedy for an insurer’s breach of the covenant of good faith and fair dealing.
Read MoreWashington Supreme Court Holds That Insurer’s Subpoena To, and Ex Parte Communications with, Arbitrator Constitute Bad Faith
Feb 6, 2008 | Coverage & Claims, Extra-Contractual Liability | United States
California Wildfire Decisions May Provide a Guide for Future Disputes – Part II: “Usually Situated” Language May Be Found Ambiguous
Feb 6, 2008 | Catastrophe Claims, Coverage & Claims, Extra-Contractual Liability | United States