bad faith News

Insurers Could Face More Bad Faith Suits if N.J. Legislation Passes

Legislation pending in New Jersey could make it easier to file bad faith lawsuits against insurers. The New Jersey Insurance Fair Conduct Act is currently under consideration by the Assembly Financial Institutions and Insurance Committee after having been passed by …

EPLI Part 2: Unique Coverage Issues

EPLI coverage forms present some unique coverage issues that ordinarily are not present under typical, general liability policies. These issues include those that arise under the claims made nature of many EPLI policies, the special trigger issues that are presented …

Adjusters Can be Sued Individually for Bad Faith in Washington

A recent Washington Court of Appeals ruling opens the door to bad faith lawsuits naming individual insurance adjusters. The case involves Moun and Aung Keodalah versus Allstate Insurance and Tracey Smith, the adjuster who worked for Allstate and handled his …

Missouri Legislation Would Limit Insurance Carrier Liability Settlements

A bill on Gov. Eric Greitens’ desk would limit how much money insurance companies would have to pay after accidents. The proposal affects cases where multiple people are owed money from an insurance company, such as after a car accident …

Tips on Navigating the Independent Counsel Bad Faith Minefield

The decision to hire independent counsel on a claim can be wrought with pitfalls, according to Kevin Quinley, founder and principal of Quinley Risk Associates. During an interview with Claims Journal for his Claims Insights podcast series, he offered six …

Florida Bill Potentially Repealing No Fault Insurance Advances

Florida legislators revived a bill, SB 150, that could potentially end the requirement that drivers in the state obtain $10,000 mandatory personal injury protection coverage. The bill, sponsored by Senator Tom Lee, passed its first committee of reference and will …

Rhode Island Supreme Court Enforces Suit Limitation Provision in Policy

In the past, Rhode Island courts have upheld insurance policy provisions that require insureds to commence legal action against the insurance company within a time period that is less than the legislatively-enacted statute of limitations. See, e.g., National Refrigeration, Inc. …

Failing to Initiate Settlement Negotiations is Risky Business

Two recent cases have addressed insurance company extracontractual exposure for failing to initiate settlement negotiations. In Stalley v. Allstate Insurance Co., 2016 WL 1752764 (M.D. Fla. April 29, 2016) the court considered the so-called “Powell rule” where the insurance company …

Lawyers Say Injured S.D. Workers Lose Rights if Bad Faith Proposal Approved

Lawyers who represent injured workers in South Dakota are preparing for a proposal from the insurance industry that would limit their ability to pursue legal claims against insurance companies that are intentionally dishonest. Insurance industry representatives were scheduled to present …

The 7 Habits of Highly Effective Coverage Adjusters

Good coverage adjusters don’t keep score of coverage denials and consider the policyholder, underwriter and agent perspectives when reviewing coverage, according to Kevin Quinley, founder and principal of Quinley Risk Associates. Quinley, who has nearly four decades of claims handling …