Covering state and federal bad faith decisions and practices impacting insurers.
Articles: 1-10 of 145
Oregon Legislature Falls Short On Passage of Statutory Bad Faith Cause of Action
USA - June 29 2023 In an unexpected and last minute turn of events, the Oregon legislature failed to pass a final-stage version of House Bill 3242 before its regular…
Eleventh Circuit: Jury instruction about notice to insured of settlement demand was required (Florida)
USA - July 20 2022 In its recent decision, Brink v. Direct General Ins. Co., 38 F.4th 917 (11th Cir. 2022), the Eleventh Circuit ruled 2-1 that the Florida district…
Under Texas law, no tender means no obligation to defend
USA - June 30 2022 The United States Court of Appeals for the Fifth Circuit recently affirmed a long-standing Texas rule: the duty to defend is not implicated unless…
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…
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…
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