In Harlor v. Amica Mut. Ins. Co., 2016 ME 161, 150 A.3d. 798 (2016), the court held that when an insurance company breaches its duty to defend, the insurer has the burden of allocating settlements reached by its insured and …
The Massachusetts Supreme Judicial Court held in Anderson v. National Union Fire Insurance Co. Pittsburgh, PA 476 Mass. 377, 67 N.E. 3d 1232 (2017) that post-judgment interest on a judgment against a driver and owner were not part of the …
Recently the United States 11th Circuit Court of Appeals held, in Great American Alliance Insurance Co. v. Anderson 847 F.3d. 1327 (11th Cir. 2017) that an employee did not go beyond the scope of the employer’s permissive use of a …
In Mordhorst v. Dakota Trucking Underwriters and Risk Administration Services, 886 N.W.2d 322(S.D. 2016) the South Dakota Supreme Court found that a workers’ compensation insurer could be found in bad faith, even though it relied upon an independent medical opinion …
The Kentucky Supreme Court in Hollaway v. Direct General Ins. Co. Mississippi Inc., 497 S.W. 3d 733 (Ky. 2016), recently affirmed summary judgment that was granted in favor of the insurance company, finding that the plaintiff did not present a …
The Washington Court of Appeals recently found (Arden v. Forsberg & Umlauf, P.S., 193 Wash.App. 731, 373 P.3d 320 (2016)), on first impression, that insurer retained attorneys (defense attorneys) were not automatically prohibited from representing insureds merely because the defense …
The Montana Supreme Court in Parker v. Safeco Ins. Co. of America, 384 Mont. 125, 2016 MT 173, 376 P.3d 114 (2016), held that an earth movement exclusion was not limited solely to damages caused by soil movement. The Court …
California’s Ninth Circuit Court of Appeals finds that the absence of a litigated judgment did not preclude an equitable subrogation claim from being brought by an excess insurer for bad faith failure to settle when the excess insurer actually contributed …
In a surprising decision, a Federal District Court, applying Florida law, granted summary judgment to an insurance company on a “failure to settle” claim because the insured’s liability was not clear. Florida is a testing ground for creative lawyering designed …
In a self-evident decision, the Eighth Circuit Court of Appeals recently held that an insurance company’s failure to re-evaluate a case value after the trial court eliminated a key affirmative defense justified a bad faith failure to settle verdict. The …