September 29, 2020
More than eight years after Bonnie Winslett tore up and threw away a summons that notified her she was being sued, the Georgia Supreme Court is being asked to resolve questions of law that will determine whether GEICO Indemnity Co. …
March 25, 2020
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 …
March 12, 2020
In November 2010, Kailee M. Higgins downed 15 shots of tequila during her Saturday night shift as a dancer at Centerfolds II in Worcester, Mass. She was only 20 at the time. Higgins texted a friend that she was “maadd …
November 18, 2019
When managers of the Villas at Winding Ridge in Indianapolis asked a contractor to assess the condition of the 33 roofs in the condominium complex, they learned that a hailstorm the year before had damaged soft metal parts, fascia and …
November 7, 2019
Every policyholder will likely face a scenario where its primary insurer refuses a settlement offer within limits. The primary insurer is potentially liable for that excess verdict if it acted in bad faith by refusing to settle within limits. Sometimes, …
August 6, 2019
Kyle and Marie Stechert say they rushed to buy another car after their vehicle was “totaled” in an accident because their insurance carrier refused to keep paying for their rental vehicle. The new car was twice as expensive as the …
July 2, 2019
An insurer’s payment of the appraisal value after disputing a claim does not establish that it was liable, nor does that payment prevent a policyholder from pursuing penalties under the Prompt Payment of Claims Act, a split Texas Supreme Court …
June 25, 2019
LAS VEGAS — More than 4,000 people are seeking damages from MGM Resorts International related to the Las Vegas Strip mass shooting that left 58 people dead, the casino giant said in a lawsuit alleging its insurance company has failed …
June 12, 2019
A recent ruling from the District of Massachusetts suggests that insurers are responsible for training their claims handlers to know and understand the law affecting their insureds’ liability – and that the insurer may be held liable for bad faith, …
May 23, 2019
A federal judge in Rhode Island has cleared the way for a trial to decide whether Columbia Casualty Insurance, in bad faith, put its own interest over its policyholder’s by gambling on a trial instead of settling a claim that …