10th Circuit Court of Appeal News

Split Okla. Supreme Court Sides With Plaintiffs in Attorney Fee Dispute

An insurer that failed to pay a claim within 60 days cannot be considered the prevailing party even if a claimant is eventually awarded less than the carrier’s settlement offer, a divided Oklahoma Supreme Court ruled. The 6-3 opinion marks …

Insurer Paid Claim to Avoid Bad Faith; Reimbursed Because of Misrepresentation

The 10th Circuit Court of Appeals endorsed a clever way for an insurer to avoid a bad faith claim where there were potential misrepresentations in the policy application. In Evanston Insurance Company v. Aminokit Labs, Inc., the court affirmed a …

10th Circuit: Missing Fence Didn’t Void Builders’ Risk Policy

An insurance policy purchased by Axia Contracting from Praetorian Insurance Co. required a six-foot chain link fence to completely surround the job site. That is a standard term for all policies underwritten by QBE North America, according to its lawyers. …