Extra-Contractual Liability Archives - Page 2 of 12

Client Advisory – Federal Court of Appeals Affirms Statutory Bad-Faith Liability Imposed on Insurer Despite Jury’s Refusal to Find Liability for Common-Law Bad Faith

Feb 2, 2012 | Coverage & Claims, Extra-Contractual Liability | United States

In jurisdictions that impose on an insurer a common-law duty of good faith and fair dealing and a statutory duty not to act vexatiously or unreasonably, an insurer may be found to have violated one duty even if it did not violate the other. The Eighth Circuit recently handed down a ruling serving as an example of this principle. In Tripp v. Western National Mutual Insurance Co., the Court of Appeals affirmed post-judgment relief based on South Dakota’s statutory prohibition against unreasonable or vexatious behavior by an insurer.

Florida Appellate Court Substitutes Opinion Concerning Premature Bad Faith Claims

Aug 4, 2011 | Extra-Contractual Liability, Florida Developments | United States

In State Farm Florida Insurance Co. v. Seville Place Condominium Association, 2011 Fla. App. Lexis 11314 (Fla. 3d DCA July 20, 2011) Florida’s Third District Court of Appeal granted motions for rehearing and rehearing en banc and withdrew its prior October 14, 2009 opinion in the same case.

New Jersey High Court: Insureds Entitled to Jury Trial on Bad-Faith Claims

Jul 20, 2011 | Extra-Contractual Liability | United States

n a case of first impression, New Jersey’s highest court has determined that policyholders’ bad-faith claims against their insurance company for failure to settle within policy limits are traditional contract claims that give insureds the right to a trial by jury.

Insurer Falls Short in Bad Faith Summary Judgment Bid Before the Massachusetts Supreme Judicial Court

Jul 13, 2011 | Extra-Contractual Liability, Massachusetts Developments | United States

The Supreme Judicial Court recently rejected a direct summary judgment appeal from AIG Domestic Claims, Inc. (“AIG”) concerning AIG’s handling of a workers’ compensation claim. The plaintiff alleged, inter alia, that AIG acted outside the claims-handling process by improperly pursuing criminal insurance fraud charges against him.

New York Appellate Court Reverses Judgment of Insurance Bad Faith and Remands for Additional Fact-finding

Apr 26, 2011 | Coverage & Claims, Excess and Surplus Lines, Extra-Contractual Liability, New York Developments | United States

The New York Appellate Division for the First Department recently reversed a decision of a lower court that had granted summary judgment to the plaintiff, an excess insurer, on a count of insurance bad faith against a primary insurer. Federal Ins. Co. v. North Amer. Spec. Ins. Co. et al., Docket No. 603926/05 (N.Y.A.D., 1st Dep’t, April 5, 2011).

Florida Supreme Court Rules that Attorney Client Privileged Documents Not Discoverable in First Party Bad Faith Action

Apr 5, 2011 | Extra-Contractual Liability, Florida Developments | United States

The Florida Supreme Court recently held that the attorney-client privilege applies to an insurer’s written communications and that the insured cannot discover such privileged documents in a first party bad faith action.

Florida Developments – Significant Bad Faith Reforms Proposed in Florida

Mar 21, 2011 | Coverage & Claims, Extra-Contractual Liability, Florida Developments | United States

Earlier this month, Florida State Senator John Thrasher (R-Jacksonville) filed Senate Bill 1592 containing proposed reforms to Florida insurer bad faith law.

Insurance & Reinsurance Review – March 2011

Mar 9, 2011 | Coverage & Claims, Extra-Contractual Liability, Industry Developments, Life Insurance & Annuities, New York Developments, Product Liability, Regulatory, Solvency II | United Kingdom, United States

Edwards Angell Palmer & Dodge’s Insurance and Reinsurance Department recently published its latest Newsletter, Insurance & Reinsurance Review – March 2011, which contains nine articles about various topics in the insurance and reinsurance industry.

Massachusetts Appeals Court Finds Insurer In Bad Faith In Fee Dispute

Feb 14, 2011 | Coverage & Claims, Extra-Contractual Liability, Massachusetts Developments | United States

The Massachusetts Appeals Court recently held that an insurer’s refusal to pay any fees incurred by independent counsel hired by the insured was in bad faith, but also held that the insurer was only liable for reasonable fees that the insured actually paid, not counsel’s full rate.

Connecticut District Court Grants Summary Judgment to Insurer on Bad Faith Claim

Dec 28, 2010 | Coverage & Claims, Extra-Contractual Liability

The United States District Court for the District of Connecticut recently granted a property insurer’s motion for summary judgment on a claim that the insurer acted in bad faith when it denied coverage to its insured for damage to the basement walls in the insured’s home.

Topic: Extra-Contractual Liability

Client Advisory – Federal Court of Appeals Affirms Statutory Bad-Faith Liability Imposed on Insurer Despite Jury’s Refusal to Find Liability for Common-Law Bad Faith

Florida Appellate Court Substitutes Opinion Concerning Premature Bad Faith Claims

New Jersey High Court: Insureds Entitled to Jury Trial on Bad-Faith Claims

Insurer Falls Short in Bad Faith Summary Judgment Bid Before the Massachusetts Supreme Judicial Court

New York Appellate Court Reverses Judgment of Insurance Bad Faith and Remands for Additional Fact-finding

Florida Supreme Court Rules that Attorney Client Privileged Documents Not Discoverable in First Party Bad Faith Action

Florida Developments – Significant Bad Faith Reforms Proposed in Florida

Insurance & Reinsurance Review – March 2011

Massachusetts Appeals Court Finds Insurer In Bad Faith In Fee Dispute

Connecticut District Court Grants Summary Judgment to Insurer on Bad Faith Claim

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