Minnesota Just Made it Harder for Insureds to Claim ‘Bad Faith’
7/12/22
By: Matthew Jones
In the matter entitled Fishbowl Solutions v. Hanover Ins. Co., the United States District Court for Minnesota affirmed a Magistrate Judge’s Order denying an insured’s motion to amend the complaint to allege “bad faith.” The insured …
Georgia Supreme Court Overrules Precedent on Attorney’s Fees for Counterclaimants
4/8/20
By: Jake Carroll
Georgia law permits the award of attorney’s fees to a claimant where the party defending the claim has “acted in bad faith” in making the contract, has been stubbornly litigious, or has caused the plaintiff unnecessary trouble …
Plaintiffs and Lawmakers Raise Bad Faith Issues in COVID-19 Claims
4/3/20
By: Adrianna Michalska and Eric Retter
Every American is reminded daily that Coronavirus spreads easily and quickly. So has the impact on the insurance industry. How fast? Less than a month after the first U.S. death attributed to the virus …
Kentucky Court of Appeals Reminds Plaintiffs They Bear a "Tall Burden" in Proving Bad Faith
6/26/19
By: Barry Miller
A Kentucky Court of Appeals decision adopted a federal court’s observation that Kentucky bad faith decisions fall into two broad categories. One category reflects “a more expansive approach to a finding of bad faith,” analyzing facts where …
The Cannabis Industry Takes Another Step Towards Mainstream
11/12/18
By: David Molinari
In 1996, the People of the State of California first passed an initiative to legalize medicinal cannabis. The legislature toyed with drafting the statutory framework regulating the medical cannabis industry. Finally, in 2014 the first “legal” medicinal …
The Bad Faith Trap: Evidentiary Concerns In Defending “Failure To Settle” Claims
10/19/18
By: Phil Savrin
It is commonly known in our industry that even an insurer that has accepted coverage for a liability claim can nevertheless be exposed to liability beyond the limits of the policy if it fails to settle the …
Qualified Immunity Applied to Employment
10/3/18
By: Owen Rooney
In Kramer v. Cullinan 878 F.3d 1156 (9th Cir., 2018) the Ninth Circuit reversed the denial of a Motion for Summary Judgment, holding that that the employer’s public statement was not “stigmatizing” and defendant was entitled to …
Is Georgia Game for Growing Bad Faith Liability?
7/17/18
By: Jessica Samford
As discussed in my last blog on bad faith, seeking bifurcation can be a proactive means to distinguish the issue of coverage from the issue of bad faith and appropriately manage the all too often unwieldy …
Georgia Supreme Court Grants Certiorari In Failure to Settle Case
6/25/18
By: Bill Buechner
The Georgia Supreme Court recently granted an insurer’s petition for certiorari in a bad faith failure to settle case to consider what constitutes an offer to settle a claim within policy limits and whether an insurer’s duty …
Insurance Company Adjuster May Be Liable for Bad Faith
5/14/18
By: Joyce Mocek
Recently a Washington Court of Appeals held that an insurance adjuster, employed by an insurance company, could be held personally liable for bad faith and violation of the Washington Consumer Protection Act (CPA) in the context of …
Dealing with Discovery Dangers in Bad Faith Litigation
10/25/17
By: Jessica C. Samford
Whenever an insurer could be facing a bad faith claim, what documents may be discoverable during litigation is an important consideration. While the ultimate outcome hinges on specific circumstances of the case, the discovery rules of …