Most jurisdictions have adopted equitable subrogation. Plitt & Plitt, Practical Tools for Handling Insurance Cases, § 7:7 (Thomson Reuters 2011) (Alaska, Arizona, California, Florida, Georgia, Illinois, Louisiana, Maryland, Massachusetts, Michigan, Minnesota, Mississippi, New Hampshire, New Jersey, New York, North Carolina, …
The New Jersey Supreme Court recently differentiated between the “entire controversy doctrine” and the doctrine of res judicata in determining whether the insured’s bad faith claim arising out of an uninsured motorist situation was barred. The insured was injured in …
Insurance companies have the right to challenge and deny claims that are fairly debatable without subjecting themselves to bad faith liability even though their ultimate decision may be held by the court to be erroneous. The concept of fair debatability …
An interesting case recently came before the California Court of Appeals involving an insured’s uninsured motorist (UM) demand for policy limits and the insurer’s response demanding arbitration. In Maslo v. Ameriprise Auto & Home Ins., 227 Cal.App.4th 626 (2nd Dist. …
Courts in the State of Washington always present interesting appellate issues in the bad faith context. One of those interesting issues can be seen in the Washington Court of Appeals decision of Miller v. Kenny, 325 P.3d 278 (Wash. Ct. …
Acknowledging settlement demands in a timely fashion and documenting trial activity are just two ways to avoid bad faith litigation after a trial, said Kevin Quinley, founder and principle of Quinley Risk Associates. During a podcast on the topic, Quinley …
The Defense Research Institute (DRI) Insurance Law Committee Insurance 101 series will return this summer. This is a series of live programs that can be watched from the convenience of home or office. The three-part series will introduce a broadly …
A Massachusetts judge has ordered AIG Inc. to pay at least $7 million to a Wellesley man injured after he was struck by a bus in a scathing decision that accuses the insurer of hiding evidence and manipulating witnesses. Odin …
A dispute over how much an insurance company owes Webster County for its burned courthouse has moved into federal court. The Webster County Board of Supervisors and Atlantic Specialty Insurance Co. have sued each other, with two separate cases now …
One way to ensure a bad faith claim against your company is by ignoring expert advice, according to two presenters at the Combined Claims Conference held in Orange County, Calif., earlier this month. According to Tony Falco, CR and CEO …