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Avoiding Insurance Bad Faith Blog

Articles: 1-10 of 143

Texas Supreme Court Axes Policyholder’s Attempt to Expand Insurer Tort Liability

USA - June 28 2022 In Elephant Insurance Co., LLC v. Kenyon, the Supreme Court of Texas reiterated the framework of an insurer’s common-law duties to insureds under…

Is a general contractor liable for safety violations of its subcontractors under OSHA?

USA - June 17 2022 The short answer is the proverbial attorney response, “it depends.” Under OSHA’s multi-employer citation policy, an employer may be held responsible…

Bipartisan AG Coalition Calls for FDA Regulation of Non-Tobacco Nicotine Products

USA - June 16 2022 A bipartisan coalition of AGs from 27 states, the District of Columbia, and three territories has called on the FDA to deny marketing authorization…

Coalition of AGs Files Briefs in Support of Federal Contractor Minimum Wage

USA - May 12 2022 A coalition of 19 AGs filed amicus curiae briefs in cases in Arizona, Texas, and Colorado supporting U.S. Labor Secretary Martin J. Walsh, President…

California Court of Appeal: Insurers Not Liable Under the California Insurance Frauds Prevention Act

USA - May 3 2022 In its recent decision, People ex rel. Ellinger v. Magill, et al., —Cal.Rptr.3d—, No. E076378, 2022 WL 1077988 (Cal. Ct. App., Mar. 18, 2022), the…

Montana: Unambiguous exclusions enforced despite lack of table of contents required under statute

USA - April 30 2022 A recent Supreme Court decision, High Country Paving, Inc. v. United Fire & Cas. Co., 2022 MT 72, 1, answered in the negative a question certified…

Eleventh Circuit (Florida): No bad faith for investigating claim

USA - March 1 2022 On February 15, 2022, the United States Court of Appeal for the Eleventh Circuit upheld the Southern District of Florida’s summary judgment victory…

New statute may spell trouble for New Jersey insurers

USA - January 26 2022 On January 19, 2022, New Jersey Governor Phil Murphy signed S.B. 1559, known as the “New Jersey Insurance Fair Conduct Act,” which allows motorists…

Psychotherapy services provider nabbed for false claims submitted to Medicaid and Medicare

USA - September 2 2021 Georgia AG Chris Carr and the U.S. Department of Justice reached a settlement with psychotherapy services provider Carenow Services, LLC and its…

Fifth Circuit Weighs in on Aftermath of Texas Supreme Court’s Decisions Affecting Insurers’ Pre-Appraisal Award Payments and Damages under the Texas Prompt Payment of Claims Act

USA - August 22 2021 Just a few short years ago, there was a bright line rule under Texas law concerning appraisal awards. If an insurer timely paid an appraisal award…