In Vincoli v. Hartford Underwriters Ins. Co., FST-CV-09-5009591-S (Conn.Super. Sept. 24, 2009), a Connecticut Superior Court recently denied an Insurer’s motion to strike counts alleging bad faith and violations of CUTPA from a complaint. The Insured was seriously injured when his car struck a tree after he was forced to take evasive action to avoid colliding with a phantom motorist.
Read More A Connecticut Superior Court Denies Insurer’s Motion to Strike Counts Alleging Bad Faith and Violations of CUTPA
Extra-Contractual Liability
Georgia Supreme Court Holds Insurer Not Entitled to Safe Harbor Jury Instruction Where it Conditioned Tender of Policy Limits
By Troutman Pepper Locke on
The Georgia Supreme Court recently remanded a case alleging an insurer’s bad-faith failure to settle based upon the fact that the trial court improperly instructed the jury that where a claimant’s demand is conditioned upon the response of another insurance company, the insurer’s offer of its policy limits fulfills its duty to its insured. …
Read More Georgia Supreme Court Holds Insurer Not Entitled to Safe Harbor Jury Instruction Where it Conditioned Tender of Policy Limits
NY Court: Insured May Recover Consequential Damages Absent Insurer Bad Faith
On December 15, 2009, New York’s Appellate Division for the First Department held that an insured need not allege or prove that its insurer acted in bad faith in order to recover consequential damages stemming from the insurer’s breach of the policy. …
Read More NY Court: Insured May Recover Consequential Damages Absent Insurer Bad Faith
Third Circuit Holds That Lack of Coverage Precludes Bad Faith Claim and That Failure to Follow “Best Practices” Is Not Bad Faith
By Troutman Pepper Locke on
Recently, the Third Circuit Court of Appeals held that where a policy’s exclusion clearly precluded coverage, the insurer could not be held liable under Pennsylvania’s statute for bad faith denial of coverage.
Connecticut Appellate Court Affirms Award of Summary Judgment in Favor of Title Insurer and Finds Policy Exclusion Applies and Insurer Did Not Breach the Covenant of Good Faith and Fair Dealing
In Lauren Heyse, et al. v. William Case, et al., AC No. 29289 (Conn. App. Jun. 2, 2009), the Insured, a resident of a common interest community, brought a lawsuit to challenge the rights of another property owner within the common interest community to subdivide a lot within the common interest community.
Louisiana Insureds Petition the U.S. Supreme Court to Review a Fifth Circuit Decision Vacating that Portion of Katrina-Related Judgment that Awarded Penalties, Damages and Attorneys’ Fees Based on an Insurer’s Alleged Bad Faith
On July 21, 2009, Judy and Michael Kodrin filed a petition for a writ of certiorari in the U.S. Supreme Court, asking the Supreme Court to review a Fifth Circuit decision vacating that portion of a Katrina-related judgment that awarded them penalties, damages and attorneys’ fees based on their homeowners insurer’s alleged bad faith. …
Read More Louisiana Insureds Petition the U.S. Supreme Court to Review a Fifth Circuit Decision Vacating that Portion of Katrina-Related Judgment that Awarded Penalties, Damages and Attorneys’ Fees Based on an Insurer’s Alleged Bad Faith
Sixth Circuit Finds Court Order Requiring Insurer to Produce Privileged Documents Not Clearly Erroneous
By Troutman Pepper Locke on
The Sixth Circuit recently denied an insurer’s petition for a writ of mandamus to vacate a discovery order compelling the production of information which the insurer argued was protected from discovery by the work-product and/or attorney-client privileges.
Connecticut Superior Court Grants Summary Judgment for Insurer in Lawsuit Involving Uninsured Motor Vehicle Claim and Common Law and Statutory Bad Faith Claims
An insurer represented by Edwards Angell Palmer & Dodge attorneys John Hughes and Julia Ulrich was recently granted summary judgment by the Connecticut Superior Court in a lawsuit involving a claim for uninsured motorist coverage, and also alleging common law and statutory bad faith against the insurer.
Eleventh Circuit Affirms Judgment In Favor of Contractor’s Insurers, Finding No Bad Faith
By Troutman Pepper Locke on
In Fidelity & Deposit Co., et al. v. Douglas Asphalt Co., et al., No. 09-10919 (11th Cir. Jul. 28, 2009), the Eleventh Circuit affirmed the District Court’s judgment in favor of the insurers, who sought to recover from their insured payments made under payment and performance bonds when the insured allegedly defaulted and failed to complete a project.
…
Read More Eleventh Circuit Affirms Judgment In Favor of Contractor’s Insurers, Finding No Bad Faith
Ninth Circuit Court of Appeals Reverses Summary Judgment and Holds Against Insurer In Bad Faith Action Related to Uninsured Motorist Claim
By Troutman Pepper Locke on
The Ninth Circuit Court of Appeals recently reversed an award of summary judgment that had been in favor of an insurer in a bad faith action regarding an uninsured motorist claim, and found against the insurer.