Volume 34 Number 21 December 23, 2012
|
|
- Veronica Pierce
- 8 years ago
- Views:
Transcription
1 Volume 34 Number 21 December 23, 2012 CONTENTS FEATURE ARTICLE Interpleader of Multiple Claimants, a Single Insured at Fault, All from the Same Occurrence: a Proposed Solution with its Own Problems 597 by Dennis J. Wall, Esquire CASES Agents & Brokers American Building Supply Corp. v. Petrocelli Group, Inc (N.Y.) 601 Failure to read policy not a bar to suing broker for failing to procure the correct coverage Prest v. Louisiana Citizens Property Ins. Corp. (La.) 602 Insurance agents who attempt to procure insurance coverage for their clients must follow up with the insurance company to make sure the insurance company received the purchase request ERISA/Disability Insurance Raybourne v. Cigna Life Ins. Co. of New York (7th Cir.) 604 Seventh Circuit finds that plan administrator s structural conflict of interest led to arbitrary and capricious denial of benefits Assignments In re Wehr Constructors, Inc. v. Assurance Company of America (Ky.) 606 Kentucky public policy precludes insurer from invoking builder s risk policy s antiassignment clause to deny coverage for preassignment loss Liability Insurance/Collateral Estoppel Manganella v. Evanston Ins. Co. (1st Cir. [Mass.]) 608 First Circuit: Arbitration ruling was binding on later coverage suit Liability Insurance/Construction Defects Harleysville Mutual Ins. Co. v. State (S.C.) 609 South Carolina Supreme Court declares retroactive application of statute requiring liability insurance coverage for injury or damage caused by construction defects unconstitutional Liability Insurance/Environmental Claims Nucor Corp. v. Employers Insurance Co. of Wausau (Ariz. App.) 612 Liability policies do not cover stigma of underground contamination plume that does not cause damage property; administrative order triggers insurer s duty to defend (Continued on Inside Page)
2 Vol. 34, No. 21, December 23, 2012 Insurance Litigation Reporter Interpleader of Multiple Claimants, a Single Insured at Fault, All from the Same Occurrence: a Proposed Solution with its Own Problems by Dennis J. Wall, Esquire Dennis Wall is a sole practitioner with a unique practice. For thirty-four (34) years, his expertise and knowledge in Insurance Coverage and Bad Faith have led attorneys and companies across the United States to retain his services as an Expert Witness, Counsel and Consultant concerning Insurance Questions. Elected to the American Law Institute in 2009, he is selected by his peers as a Florida Super Lawyer in Insurance Coverage. Dennis Wall is the author of the leading book on Bad Faith, Litigation and Prevention of Insurer Bad Faith (West Publishing Company Third Edition 2011; 2012 Supplement in process). This Book is the product of three decades of research and analysis. Updated annually, to date DENNIS WALL evaluates 4,000 cases, statutes and other authorities in two Volumes, in print and Online. The Third Edition of Litigation and Prevention of Insurer Bad Faith totals 1,383 pages and 368 sections in two Volumes, cover to cover. A preeminent insurance commentator, Robert E. Keeton, long ago advanced two novel ideas. First, he suggested that where a single occurrence gives rise to multiple claims against an insured, then a liability insurer which issued only a single policy should owe that insured a duty to attempt to settle as many of those claims as can be settled before exhausting the aggregate policy limits. 1 Second, he suggested that to effectuate these attempts, liability insurers faced with multiple claimants should be allowed to sue them all, along with their policyholders-insureds, in a single interpleader action. The interpleader action would thus present a forum, it was suggested, for liability insurers faced with multiple claims and claimants arrayed against a single insured, to exercise their settlement duties toward the single insured in good faith after that insured s fault is established. 2 Interpleader has been regularly available to firstparty insurance carriers, or insurance carriers which face claims against themselves and made by or in the name of their policyholder for benefits under the firstparty policy, such as life insurance companies concerned with the distribution among multiple claimants of the proceeds of a variable annuity contract upon the death of the policyholder. 3 In those cases, the insurance companies are concerned with paying benefits. Third-party or liability insurance companies faced with multiple claims face additional duties of good faith and fair dealing in settlement which simply do not confront first-party insurance carriers. The claims that third-party liability insurance companies face are generally claims by third parties against the policyholder-insured, the negotiation and compromise of which require the liability insurance company to act in good faith and to deal fairly, not with the claimant necessarily, but always to act in good faith and to deal fairly with the insured. One case has been found involving the good-faith settlement obligations of a liability insurer, in which a court seemingly accepted either of the twin suggestions summarized above, that (1) the existence of multiple claimants against an insured under a single policy triggers a good-faith duty by the liability insurer to settle as many of those claims as possible, and (2) accordingly the liability insurer should have available an interpleader action in which it can tender its policy limits into court, sue all the claimants and the insured in one lawsuit, and ask the court to settle as many of the claims as possible up to the aggregate policy limits. That one decision was by the Arizona Court of 1. Keeton, Preferential Settlement of Liability-Insurance Claims, 70 Harv. L. Rev. 27, (1956), under the heading, I. Relationship Between the Company and the Insured. Professor Keeton later became U.S. District Judge Keeton. 2. Keeton, Preferential Settlement of Liability-Insurance Claims, 70 Harv. L. Rev. 27, (1956)(located under the heading, II. Relationships Among the Company and the Several Claimants ). 3. See, e.g., Nationwide Life Ins. Co. v. Perry, 2012 WL (S.D. Fla. October 11, 2012) Thomson Reuters
3 Insurance Litigation Reporter Vol. 34, No. 21, December 23, 2012 Appeals in the case of McReynolds v. American Commerce Ins. Co. 4 In that case, the court clearly expressed a preference in cases which involve managing multiple claims in excess of the policy limits, for (1) the prompt, good faith filing of an interpleader as to all known claimants with (2) payment of the policy limits into court, all the while continuing to defend the insured with a defense against all the claims. In cases involving multiple claimants which have been decided since 1956 when these twin suggestions apparently were first made, the general rule is not that the liability insurer owes a duty in such cases to settle as many claims as possible. Rather, the nearunanimous view of the courts in such cases is instead that the liability insurer may compromise such claims as it sees fit in the exercise of its reasoned settlement discretion so long as it exercises good faith toward its insured and deals fairly with it. 5 With regard to the second suggestion, the courts have otherwise been reluctant as a general rule to permit consolidating all claims into a single interpleader action arising from a single occurrence, so as to afford liability insurers of an insured defendant the opportunity to request a court to apportion the proceeds of their single liability insurance policy among the multiple claimants. 6 Under the Federal Interpleader Statute, the theory has enjoyed some success in some cases. 7 Moreover, in order to try to save on defense costs, a liability insurer with limits too low to pay all potential or pending claims may choose to explore the possibility of voluntarily paying its limits into court where its insured s liability is probable, and joining all available claimants in an interpleader action. 8 The success rate of such attempts in that particular situation is not especially great. 9 Fulfillment of the duty of good faith and fair 4. McReynolds v. American Commerce Ins. Co. 26, 225 Ariz , 235 P.3d 278, (Ariz. Ct. App. Div. I, Dep't A, 2010), review denied (unreported) (Ariz. March 15, 2011). 5. E.g., Liberty Mut. Ins. Co. v. Davis, 412 F.2d 475, 478, 480 (5th Cir. 1969)(applying Florida law); Farinas v. Florida Farm Bureau Gen. Ins. Co., 850 So. 2d 555, 561 (Fla. 4th DCA 2003), review denied, 871 So. 2d 872 (Fla. 2004); see, e.g., De Walt v. Ohio Cas. Ins. Co., 513 F. Supp. 2d 287, (E.D. Pa. 2007)(not bad faith under 42 Pa. Cons. Stat. 8371, the Pennsylvania Bad Faith Statute, to delay investigation so as to obtain medical records which the liability carrier had previously requested several times but never received, nor does such conduct support a contract-based claim for bad faith ); Redcross v. Aetna Cas. & Sur. Co., 260 A.D.2d 908, , 688 N.Y.S.2d 817, (N.Y. App. Div. 3d Dep't 1999)( However, an insurer confronted with multiple claims arising out of the same accident is not required in order to forestall a bad-faith settlement claim to accept a 'package deal' within the overall policy limits if, in doing so, it would be overpaying on some of the claims in order that in the other claims, as to which the insurer is ready to pay the full policy limit, the insured not be exposed to liability that exceeds the policy limit ); STV Group Inc. v. American Continental Props. Inc., 234 A.D.2d 50, 51, 650 N.Y.S.2d 204, 205 (App. Div. 1st Dep't 1996), app. denied, 90 N.Y.2d 806, 686 N.E.2d 223, 663 N.Y.S.2d 511 (1997)( An insurer may settle with less than all of the claimants under a particular policy even if such settlement exhausts the policy proceeds..., especially where, as here, there is a bona fide issue as to whether the disfavored claim is covered under the policy. ). See also Dennis J. Wall & W. Michael Latzo, Construction-Defect Claims Claims Magazine March, ; Dennis J. Wall & W. Michael Latzo, Handling Construction-Defect Claims Claims Magazine October , advance publication online in June, In 1969, a federal appellate court quoted from a memorandum of claim handling options drawn up by a liability insurance company's in-house counsel with a view toward exposure to bad-faith claims, in the case of Liberty Mut. Ins. Co. v. Davis, 412 F.2d 475, 478 (5th Cir. 1969): "Miller [whom the court described as "house counsel for Liberty Mutual"] was aware of Professor Keeton's suggestion that in cases involving multiple claims the courts ought to recognize some form of allocation proceeding to determine percentages of available limits of coverage applicable to the several claims. Miller observed, however, that no court has yet followed (Professor Keeton's) suggestion and the company would be under no duty to initiate such proceedings'." The judicial reluctance to adopt "Professor Keeton's suggestion" seems to be as pronounced in 2012 as it was in See generally Dennis J. Wall, 1 "Litigation and Prevention of Insurer Bad Faith" 3:45, "Multiple Claimants" (West Third Edition, 2012 Supplement). 7. See Metropolitan Prop. & Cas. Ins. Co. v. Shan Trac, Inc., 324 F.3d 20, (1st Cir. 2003)(case involved Massachusetts substantive law)("long ago, in a somewhat comparable automobile accident case, the Supreme Court brushed aside the Ninth Circuit's concern that the claimants had no direct claim against the insurer. The Court held instead that the federal interpleader embraced an insurer's action against the insured's claimants. State Farm Fire & Cas. Co. v. Tashire, 386 U.S. 523, , 87 S.Ct. 1199, 18 L.Ed.2d 270 (1967). Whether or not this practice reflects precisely the original theory of the interpleader statute, it has the court's approval and serves a practical purpose in cases like this one."). 8. See Morris, The Use of an Interpleader Action to Resolve Multiple Claims From One Accident, 51 Ins. Couns. J. 99, 100, (1984). 9. See, e.g., Dennis J. Wall, "Litigation and Prevention of Insurer Bad Faith" 3:45, "Multiple Claimants" (West Third Edition, 2012 Supplement); Irvin E. Schermer and William Schermer, 11:2 "The Florida Multiple Claimant Good Faith Settlement Process" Automobile Liability Insurance 4th (Database Updated November, 2012) Thomson Reuters 598
4 Vol. 34, No. 21, December 23, 2012 Insurance Litigation Reporter dealing in settlement is the key to further development of bad faith law in situations involving multiple claimants. The important factor is for liability insurers to apply their informed business judgment in the settlement of claims so as to further the best interests of the insured in the given situation. 10 Under principles recognized in most if not all jurisdictions, it has been held that either failing to arrange a global settlement of multiple claims, or instead insisting on arranging a global settlement to the exclusion of settling individual claims along the way, can constitute bad faith and unfair dealing settlement conduct by a liability insurer: Insured defendants will want their policy funds to blot out as large a share of the potential claim against them as possible. It follows that, insofar as the insured s interest governs, the fund should not be exhausted without an attempt to settle as many claims as possible. But where the insurance proceeds are so slight compared with the totality of claims as to preclude any chance of comprehensive settlement, the insurer s insistence upon such a settlement profits the insured nothing. He would do better to have the leverage of his insurance money applied to at least some of the claims, to the end of reducing his ultimate judgment debt. We conclude therefore that efforts to achieve a prorated, comprehensive settlement may excuse an insurer s reluctance to settle with less than all of the claimants, but need not do so. The question is for the jury to decide. 11 Another federal court has recently summarized these universal principles. Applying Florida law in this particular case, the court granted the automobile liability insurance carrier s motion for summary judgment: Florida law provides that where multiple claims arise out of one accident the liability insurer may exercise its discretion in how it elects to settle claims, and may even choose to settle certain claims to the exclusion of others, provided [that] this decision is reasonable and in keeping with its good faith duty. In order to satisfy these requirements the insurer must: (1) fully investigate all claims arising from a multiple claim accident; (2) seek to settle as many claims as possible within the policy limit; (3) minimize the magnitude of possible excess judgments against the insured by reasoned claim settlement; and (4) keep the insured informed of the claim resolution process. The Plaintiff has met these requirements. 12 The Supreme Court of Louisiana has summarized this situation in the following way: When multiple claims are filed against the insured that have the potential for exceeding the insurer s policy limits, the insurer must act in good faith and with due regard for the insured s best interest in considering whether to settle one or more of the claims An insurer which hastily enters a questionable settlement simply to avoid further defense obligations under the policy clearly is not acting in good faith and may be held liable for damages caused to its insured If in fact an insurer enters into a good faith settlement for policy limits and thereby terminates its defense obligations under the express terms of the policy, the insurer must make every effort to avoid prejudicing the insured by the timing of its withdrawal from the litigation. The insurer should make allowances for the time that the insured will need to retain new counsel, and should continue to represent the insured after the settlement, if necessary, until new counsel can be retained Dennis J. Wall, Litigation and Prevention of Insurer Bad Faith 3:45, Multiple Claimants (West Third Edition, 2012 Supplement). 11. Liberty Mut. Ins. Co. v. Davis, 412 F.2d 475, 481 (5th Cir. 1969)(case involved Florida substantive law). 12. General Sec. Nat'l Ins. Co. v. Marsh, 303 F. Supp. 2d 1321, 1325 (M.D. Fla. 2004) Thomson Reuters
5 Insurance Litigation Reporter Vol. 34, No. 21, December 23, 2012 CONCLUSION It is worth repeating that a liability insurance company s fulfillment of its duty of good faith and fair dealing in settlement is the key to further development of bad faith law in situations involving multiple claimants. The liability insurer s settlement conduct must allow it to apply its informed business judgment in the settlement of claims in such a way that furthers the best interests of its policyholderinsured. Failure is not an option, as they say, if a liability insurance company desires to avoid exposure to extracontractual liability. Nor is it an option in most cases in most jurisdictions for a liability insurer to file an interpleader action, sue all the claimants and its insured, and ask a court to apportion its policy limits among the claimants if the insured is at fault. Good faith-bad faith claims have of course worked themselves out in cases decided over the course of the last nearly six decades since a suggestion of interpleader appears to have been made for the first time. The courts deciding those cases have simply not allowed liability insurance companies to shift their good-faith settlement duties to the courts. 13. Pareti v. Sentry Indem. Co., 536 So. 2d 417, 423 (La. 1988) Thomson Reuters 600
6 Vol. 34, No. 21, December 23, 2012 Insurance Litigation Reporter Thomson Reuters
How To Defend A Policy In Nevada
Insurance for In-House Counsel April 2014 Kevin Stolworthy, Esq. / Conor Flynn, Esq. / Matthew Stafford, Esq. Commercial General Liability Insurance ( CGL insurance ) Purpose of CGL Insurance CGL insurance
More informationTHE TEXAS PROMPT PAYMENT OF CLAIMS STATUTE AND ITS APPLICATION TO THE DUTY TO DEFEND
THE TEXAS PROMPT PAYMENT OF CLAIMS STATUTE AND ITS APPLICATION TO THE DUTY TO DEFEND January 8, 2008 THOMPSON COE I. INTRODUCTION The purpose of this article is to provide the insurance claims handler
More informationIN THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT. No. 14-11987 Non-Argument Calendar. Docket No. 1:13-cv-02128-WSD.
Case: 14-11987 Date Filed: 10/21/2014 Page: 1 of 11 [PUBLISH] IN THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT No. 14-11987 Non-Argument Calendar Docket No. 1:13-cv-02128-WSD PIEDMONT OFFICE
More informationBAD FAITH LAW IN FLORIDA
BAD FAITH LAW IN FLORIDA CINCINNATI, OH COLUMBUS, OH DETROIT, MI FT. MITCHELL, KY ORLANDO, FL SARASOTA, FL www.smithrolfes.com 2012 This handout is meant to provide a top-line overview of bad faith law
More informationRolling the Dice: Insurer s Bad Faith Failure to Settle within Limits
Rolling the Dice: Insurer s Bad Faith Failure to Settle within Limits By: Attorney Jeffrey J Vita and Attorney Bethany DiMarzio Clearly the obligation to accept a good-faith settlement within the policy
More informationInsurance Bad Faith. Statutory Bad-Faith Claims Following An Appraisal Award In Florida MEALEY S LITIGATION REPORT
MEALEY S LITIGATION REPORT Insurance Bad Faith Statutory Bad-Faith Claims Following An Appraisal Award In Florida by David H. Shaw, II, Esq. Butler Pappas Weihmuller Katz Craig LLP Tampa, Florida A commentary
More informationBy Heather Howell Wright, Bradley Arant Boult Cummings, LLP. (Published July 24, 2013 in Insurance Coverage, by the ABA Section Of Litigation)
Tiara Condominium: The Demise of the Economic Loss Rule in Construction Defect Litigation and Impact on the Property Damage Requirement in a General Liability Policy By Heather Howell Wright, Bradley Arant
More informationSUPREME COURT OF FLORIDA
SUPREME COURT OF FLORIDA CASE NO.: SC02-152 KEVIN M. STEELE, Petitioner, vs. SUSAN B. KINSEY and UNITED AUTOMOBILE INSURANCE COMPANY, Respondents. ON DISCRETIONARY REVIEW FROM THE DISTRICT COURT OF APPEAL,
More informationIN THE COURT OF APPEALS OF INDIANA
FOR PUBLICATION ATTORNEY FOR APPELLANT: ROBERT M. EDWARDS, JR. Jones Obenchain, LLP South Bend, Indiana ATTORNEY FOR APPELLEE: KATHRYN A. MOLL Nation Schoening Moll Fortville, Indiana IN THE COURT OF APPEALS
More informationDUTY TO SETTLE WHEN FACED WITH MULTIPLE CLAIMS AND LIMITED POLICY LIMITS ABOUT THE AUTHORS
DUTY TO SETTLE WHEN FACED WITH MULTIPLE CLAIMS AND LIMITED POLICY LIMITS ABOUT THE AUTHORS Jay Barry Harris is a proud member of the International Association of Defense Counsel. As a named partner at
More informationDISCOVERY IN BAD FAITH CASES
DISCOVERY IN BAD FAITH CASES Barbara A. O Brien A. The Tort of Bad Faith Bad faith is a separate tort from breach of contract. Anderson v. Continental Ins. Co., 85 Wis.2d 675, 686, 271 N.W.2d 368 (1978).
More informationCase 3:07-cv-01180-TEM Document 56 Filed 04/27/2009 Page 1 of 12 UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA JACKSONVILLE DIVISION
Case 3:07-cv-01180-TEM Document 56 Filed 04/27/2009 Page 1 of 12 UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA JACKSONVILLE DIVISION JAMES E. TOMLINSON and DARLENE TOMLINSON, his wife, v. Plaintiffs,
More informationHILTON HARRISBURG & TOWERS
UNFAIR CLAIMS SETTLEMENT PRACTICES (REGULATIONS) AND PRIVACY OF CONSUMER FINANCIAL INFORMATION (REGULATIONS) THEIR POTENTIAL IMPACT UPON BAD FAITH ACTIONS Presented By: Jay Barry Harris, Esquire Krista
More informationChapter XI INSURANCE. While many insurance policies do not cover environmental remediation and damages, insurance. A. General Liability Insurance
Chapter XI INSURANCE There are several different types of insurance that may apply to environmental problems. While many insurance policies do not cover environmental remediation and damages, insurance
More information57 of 62 DOCUMENTS. No. 5-984 / 05-0037 COURT OF APPEALS OF IOWA. 2006 Iowa App. LEXIS 172. March 1, 2006, Filed
Page 1 57 of 62 DOCUMENTS JAMES C. GARDNER, JR., Plaintiff-Appellant, vs. HEARTLAND EXPRESS, INC., and NATIONAL UNION FIRE INSURANCE COMPANY, Defendants-Appellees. No. 5-984 / 05-0037 COURT OF APPEALS
More informationUNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT. No. 14-1414 ALLEN L. FEINGOLD; PHILLIP GODDARD STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY
UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT No. 14-1414 ALLEN L. FEINGOLD; PHILLIP GODDARD v. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY Phillip Goddard, Appellant On Appeal from the District
More informationCreative Methods Used To Set-Up Bad Faith Claims Use Of Multiple Coverage Demands
MEALEY S TM LITIGATION REPORT Insurance Bad Faith Creative Methods Used To Set-Up Bad Faith Claims Use Of Multiple Coverage Demands by David A. Mercer, Esq. Butler Pappas Weihmuller Katz Craig LLP A commentary
More informationFourth Circuit Decision Holds that Under Virginia Law Faulty Workmanship Does Not Constitute an "Occurrence"
AUGUST 2005 Fourth Circuit Decision Holds that Under Virginia Law Faulty Workmanship Does Not Constitute an "Occurrence" Travelers Indem. Co. of America v. Miller Building Corp., 2005 U.S. App. LEXIS 14780
More informationIN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA MEMORANDUM. Ludwig. J. July 9, 2010
IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA KATHLEEN M. KELLY : CIVIL ACTION : v. : : No. 09-1641 NATIONAL LIABILITY & FIRE : INSURANCE COMPANY : MEMORANDUM Ludwig. J.
More informationSTATE OF MINNESOTA IN SUPREME COURT A07-784. Court of Appeals Meyer, J. Took no part, Page and Gildea, JJ.
STATE OF MINNESOTA IN SUPREME COURT A07-784 Court of Appeals Meyer, J. Took no part, Page and Gildea, JJ. In re Continental Casualty Company and Continental Insurance Company, Petitioners. Continental
More informationKANSAS ASSOCIATION OF DEFENSE COUNSEL 825 S Kansas Avenue - Suite 500, Topeka, KS 66612 Telephone: 785.232.9091 Fax: 785.233.2206 www.kadc.
KANSAS ASSOCIATION OF DEFENSE COUNSEL 825 S Kansas Avenue - Suite 500, Topeka, KS 66612 Telephone: 785.232.9091 Fax: 785.233.2206 www.kadc.org TO: FROM: Senate Standing Committee on Judiciary Timothy Finnerty
More informationRevisiting The Duty to Defend After the Exhaustion of the Policy Limits
Revisiting The Duty to Defend After the Exhaustion of the Policy Limits Introduction The duty to defend and the duty to indemnify are distinct duties with the duty to defend wider in scope than the duty
More informationThat s A Wrap What Every Claims And Construction Professional Needs To Know About Wrap-up Insurance Programs
2015 CLM Atlanta Conference November 5-6, 2015 in Atlanta, GA That s A Wrap What Every Claims And Construction Professional Needs To Know About Wrap-up Insurance Programs In the construction industry,
More informationCase 8:13-cv-00295-EAK-TGW Document 145 Filed 02/12/15 Page 1 of 12 PageID 5551 UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA TAMPA DIVISION
Case 8:13-cv-00295-EAK-TGW Document 145 Filed 02/12/15 Page 1 of 12 PageID 5551 SUMMIT CONTRACTORS, INC., Plaintiff, UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA TAMPA DIVISION v. CASE NO. 8:13-CV-295-T-17TGW
More informationWHAT IS IT, HOW TO DEAL WITH IT, AND WHERE IS IT GOING?
WHAT IS IT, HOW TO DEAL WITH IT, AND WHERE IS IT GOING? Moderator: Paul H. Leonard Policyholders view: Andrew M. Weiner Insurers view: Wallace C. Magathan, III First Party Hull Claims Third Party Passenger
More informationDiscovery in Bad Faith Insurance Claims: State of the Law, Successful Strategies. Teleconference Program Wednesday, March 29, 2006
Discovery in Bad Faith Insurance Claims: State of the Law, Successful Strategies Teleconference Program Wednesday, March 29, 2006 Topic III A. Who is suing? Does it matter? 1. Whether suit is brought by
More informationAmy S. Harris Shareholder
Shareholder Amy Harris joined Macdonald Devin in 1989 and represents clients in state and federal trial and appellate courts, primarily in insurance defense litigation and insurance coverage. She has served
More informationMASSACHUSETTS INSURANCE LAW UPDATE
THE MCCORMACK FIRM, LLC ATTORNEYS AT LAW MASSACHUSETTS INSURANCE LAW UPDATE Plaintiff Awarded in Excess of $1 Million For Insurer s Failure to Settle Automobile Liability Claim Within $20,000 Policy Limits
More informationS09G0492. FORTNER v. GRANGE MUTUAL INSURANCE COMPANY. We granted certiorari in this case, Fortner v. Grange Mutual Ins. Co., 294
In the Supreme Court of Georgia Decided: October 19, 2009 S09G0492. FORTNER v. GRANGE MUTUAL INSURANCE COMPANY. NAHMIAS, Justice. We granted certiorari in this case, Fortner v. Grange Mutual Ins. Co.,
More informationJUDGMENT AFFIRMED. Division II Opinion by JUDGE TERRY Casebolt and Furman, JJ., concur. Announced June 10, 2010
COLORADO COURT OF APPEALS Court of Appeals No. 09CA0830 Arapahoe County District Court No. 08CV1981 Honorable Michael Spear, Judge Travelers Property Casualty Company of America, Plaintiff-Appellant, v.
More informationIN THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT. No. 12-16065. D.C. Docket No. 2:12-cv-14312-KMM. versus
Case: 12-16065 Date Filed: 09/19/2013 Page: 1 of 20 [DO NOT PUBLISH] IN THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT No. 12-16065 D.C. Docket No. 2:12-cv-14312-KMM BETTY BOLLINGER, versus
More informationAPPORTIONING COVERAGE AMONG INSURERS. the same risk. Aetna Cas. & Sur. Co. v. Merchants Mut. Ins. Co., 100 A.D.2d 318 (3d Dept.
APPORTIONING COVERAGE AMONG INSURERS I. Introduction In selling insurance to customers, insurers are aware that the risk may at some point be simultaneously insured by another insurer. If an insured obtains
More informationFrank E. Jenkins, III JENKINS & BOWEN, P.C. 15 South Public Square Cartersville, Georgia 30120 (770) 387-1373
Frank E. Jenkins, III JENKINS & BOWEN, P.C. 15 South Public Square Cartersville, Georgia 30120 (770) 387-1373 Wallace Miller, III WALLACE MILLER, III, LLC 509 Forest Hills Road Macon, Georgia 30209 (478)
More informationUNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT. No. 15-1100. FRANCIS J. GUGLIELMELLI Appellant STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY
UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT No. 15-1100 FRANCIS J. GUGLIELMELLI Appellant v. NOT PRECEDENTIAL STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY APPEAL FROM THE UNITED STATES DISTRICT
More informationANDREW S. AMER. As New York s highest court has held:
REINSURANCE ISSUES ARISING FROM MASS TORT SETTLEMENTS ANDREW S. AMER SIMPSON THACHER & BARTLETT LLP MARCH 6, 2003 Mass tort claims continue to overwhelm the US court system and are now becoming more prevalent
More informationCase 1:11-cv-00912-TJM-DJS Document 196 Filed 06/20/14 Page 1 of 13. Plaintiff, v. 1:11-CV-912. Defendants. DECISION and ORDER
Case 1:11-cv-00912-TJM-DJS Document 196 Filed 06/20/14 Page 1 of 13 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - PACIFIC EMPLOYERS
More informationUNITED STATES DISTRICT COURT DISTRICT OF CONNECTICUT. Israel : : v. : No. 3:98cv302(JBA) : State Farm Mutual Automobile : Insurance Company et al.
UNITED STATES DISTRICT COURT DISTRICT OF CONNECTICUT Israel : : v. : No. 3:98cv302(JBA) : State Farm Mutual Automobile : Insurance Company et al. : Ruling on Motion for Summary Judgment [Doc. #82] After
More informationFOLLOW THE SETTLEMENTS: BAD CLAIMS HANDLING EXCEPTION. Robert M. Hall
FOLLOW THE SETTLEMENTS: BAD CLAIMS HANDLING EXCEPTION By Robert M. Hall [Mr. Hall is a former law firm partner, a former insurance and reinsurance company executive and acts as an insurance consultant
More informationProgressive Damage Construction Defect Cases
Construction Law Allocation of Risk Among Multiple Insurers By R. Michael Ethridge and Katherine W. Sullivan Progressive Damage Construction Defect Cases The landscape surrounding these issues is constantly
More informationIN THE COURT OF COMMON PLEAS OF PHILADELPHIA COUNTY FIRST JUDICIAL DISTRICT OF PENNSYLVANIA CIVIL TRIAL DIVISION
IN THE COURT OF COMMON PLEAS OF PHILADELPHIA COUNTY FIRST JUDICIAL DISTRICT OF PENNSYLVANIA CIVIL TRIAL DIVISION UNIVERSAL TELESERVICES : November Term 2002 ARIZONA, LLC, Florida Limited Liability : Company,
More informationIN THE COURT OF APPEALS OF INDIANA
Pursuant to Ind.Appellate Rule 65(D), this Memorandum Decision shall not be regarded as precedent or cited before any court except for the purpose of establishing the defense of res judicata, collateral
More informationMULTIPLE CLAIMANTS AND INSUFFICIENT LIMITS - CAN INSURERS LESSEN THEIR EXPOSURE TO BAD FAITH CLAIMS?
MULTIPLE CLAIMANTS AND INSUFFICIENT LIMITS - CAN INSURERS LESSEN THEIR EXPOSURE TO BAD FAITH CLAIMS? FDCC Winter Meeting Arizona Biltmore Phoenix, Arizona March 3-10, 2012 Presented by: John W. Weihmuller
More informationClear as Mud: Legislating the Definition of Occurrence in a CGL Policy
Clear as Mud: Legislating the Definition of Occurrence in a CGL Policy Seth M. Friedman 1 Weissman, Nowack, Curry & Wilco, P.C. Atlanta, GA One of the biggest issues affecting coverage litigation for construction
More informationCUNDIFF V. STATE FARM: ALLOWING DOUBLE RECOVERY UNDER UIM COVERAGE
CUNDIFF V. STATE FARM: ALLOWING DOUBLE RECOVERY UNDER UIM COVERAGE AND WORKERS COMPENSATION Melissa Healy INTRODUCTION In Cundiff v. State Farm Mutual Automobile Insurance Co., the Arizona Supreme Court
More informationHARVEY KRUSE, P.C. BAD FAITH
HARVEY KRUSE, P.C. BAD FAITH Prepared By: Michael F. Schmidt P25213 HARVEY KRUSE, P.C. 1050 Wilshire Drive, Suite 320 Troy, MI 48084 (248) 649-7800 Fax (248) 649-2316 A. INTRODUCTION Subject to specific
More informationIN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA
IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA JOHN and DENISE McELHINEY : CIVIL ACTION : v. : : ALLSTATE INSURANCE COMPANY : NO. 98-2529 MEMORANDUM Bartle, J. January, 1999
More informationDecember 16, 2010 UNITED STATES COURT OF APPEALS
FILED United States Court of Appeals Tenth Circuit December 16, 2010 UNITED STATES COURT OF APPEALS Elisabeth A. Shumaker Clerk of Court FOR THE TENTH CIRCUIT DOUG HAMBELTON, Plaintiff Appellee, v. CANAL
More informationRECOGNIZING BAD FAITH CASES
RECOGNIZING BAD FAITH CASES Michael J. Mohlman Smith Coonrod Mohlman, LLC 7001 W. 79th Street Overland Park, KS 66204 Telephone: (913) 495-9965; Facsimile: (913) 894-1686 mike@smithcoonrod.com www.smithcoonrod.com
More informationCase: 2:04-cv-01110-JLG-NMK Doc #: 33 Filed: 06/13/05 Page: 1 of 7 PAGEID #: <pageid>
Case: 2:04-cv-01110-JLG-NMK Doc #: 33 Filed: 06/13/05 Page: 1 of 7 PAGEID #: IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF OHIO EASTERN DIVISION ALVIN E. WISEMAN, Plaintiff,
More informationcauses of actions based on Travelers own tortious conduct and not directly related to the Manville insurance policies.[12]
Portfolio Media, Inc. 648 Broadway, Suite 200 New York, NY 10012 www.law360.com Phone: +1 212 537 6331 Fax: +1 212 537 6371 customerservice@portfoliomedia.com The Significance Of Travelers V. Bailey Law360,
More informationTABLE OF CONTENTS INSURANCE BAD FAITH CLAIMS IN COLORADO. Exhibit 1A Bad Faith Case Outcomes 2.1 INSURED S REMEDIES LIMITED UNDER CONTRACT LAW
TABLE OF CONTENTS Chapter 1 INSURANCE BAD FAITH CLAIMS IN COLORADO Exhibit 1A Bad Faith Case Outcomes Chapter 2 TORT VERSUS CONTRACT REMEDIES 2.1 INSURED S REMEDIES LIMITED UNDER CONTRACT LAW 2.2 EXPANDED
More informationIN THE APPELLATE COURT OF ILLINOIS FIRST DISTRICT
2016 IL App (1st) 150810-U Nos. 1-15-0810, 1-15-0942 cons. Fourth Division June 30, 2016 NOTICE: This order was filed under Supreme Court Rule 23 and may not be cited as precedent by any party except in
More informationCase 1:10-cv-02583-CCB Document 28 Filed 03/05/12 Page 1 of 6 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MARYLAND
Case 1:10-cv-02583-CCB Document 28 Filed 03/05/12 Page 1 of 6 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MARYLAND CRYSTAL WILLIAMS * * v. * Case No. CCB-10-2583 * TRAVCO INSURANCE CO. * ******
More informationTHE THREAT OF BAD FAITH LITIGATION ETHICAL HANDLING OF CLAIMS AND GOOD FAITH SETTLEMENT PRACTICES. By Craig R. White
THE THREAT OF BAD FAITH LITIGATION ETHICAL HANDLING OF CLAIMS AND GOOD FAITH SETTLEMENT PRACTICES By Craig R. White SKEDSVOLD & WHITE, LLC. 1050 Crown Pointe Parkway Suite 710 Atlanta, Georgia 30338 (770)
More informationF I L E D August 9, 2011
Case: 10-30886 Document: 00511566112 Page: 1 Date Filed: 08/09/2011 IN THE UNITED STATES COURT OF APPEALS United States Court of Appeals FOR THE FIFTH CIRCUIT Fifth Circuit F I L E D August 9, 2011 Lyle
More informationUnited States Court of Appeals, Fifth Circuit. No. 91 3941. INSTITUTE OF LONDON UNDERWRITERS, Plaintiff Appellee,
United States Court of Appeals, Fifth Circuit. No. 91 3941. INSTITUTE OF LONDON UNDERWRITERS, Plaintiff Appellee, v. FIRST HORIZON INSURANCE COMPANY, Defendant Appellant. FIRST HORIZON INSURANCE COMPANY,
More informationAllocating Defense Costs Among Multiple Insurers and Between Covered and Uncovered Claims
Presenting a live 90-minute webinar with interactive Q&A Allocating Defense Costs Among Multiple Insurers and Between Covered and Uncovered Claims Methods of Allocation Among Insurers and Allocation to
More informationAutomobile Liability Policy Held to Cover Stolen Car
The Ohio State University Knowledge Bank kb.osu.edu Ohio State Law Journal (Moritz College of Law) Ohio State Law Journal: Volume 22, Issue 3 (1961) 1961 Automobile Liability Policy Held to Cover Stolen
More informationCase 2:07-cv-09711-EEF-SS Document 14 Filed 04/15/08 Page 1 of 5 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF LOUISIANA
Case 2:07-cv-09711-EEF-SS Document 14 Filed 04/15/08 Page 1 of 5 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF LOUISIANA NATHAN GORDON * CIVIL ACTION * VERSUS * NUMBER: 07-9711 * FIDELITY NATIONAL INSURANCE
More informationIN THE COURT OF COMMON PLEAS OF PHILADELPHIA COUNTY FIRST JUDICIAL DISTRICT OF PENNSYLVANIA CIVIL TRIAL DIVISION
IN THE COURT OF COMMON PLEAS OF PHILADELPHIA COUNTY FIRST JUDICIAL DISTRICT OF PENNSYLVANIA CIVIL TRIAL DIVISION JOHN FRAZIER HUNT, : DECEMBER TERM, 2004 Plaintiff, : No. 2742 v. : (Commerce Program) NATIONAL
More informationTRIGGERING STOWERS UNDER MULTIPLE POLICIES
TRIGGERING STOWERS UNDER MULTIPLE POLICIES R. BRENT COOPER COOPER & SCULLY, P.C. 900 JACKSON STREET, SUITE 100 DALLAS, TEXAS 75202 Telephone: 214/712-9500 Facsimile: 214/712-9540 5 TH ANNUAL INSURANCE
More informationOther Insurance and the CGL Policy
Other Insurance and the CGL Policy by Craig F. Stanovich Austin & Stanovich Risk Managers, LLC April 2009 We usually make sure our client has purchased its own CGL policy a policy on which it is a named
More informationUNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA FORT MYERS DIVISION. Case No. 2:11-cv-162-FtM-36SPC ORDER
GAVIN'S ACE HARDWARE, INC., UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA FORT MYERS DIVISION Plaintiff, -vs- Case No. 2:11-cv-162-FtM-36SPC FEDERATED MUTUAL INSURANCE COMPANY, Defendant. ORDER
More informationEXPLORING THE SELF-INSURED - INSURER RELATIONSHIP
EXPLORING THE SELF-INSURED - INSURER RELATIONSHIP I. INTRODUCTION By: Jay Barry Harris and Hema Patel Mehta Fineman Krekstein & Harris, P.C. 30 S. 17 th Street, Suite 1800 Philadelphia, PA 19103 215-893-9300
More informationBAD FAITH IN WASHINGTON
BAD FAITH IN WASHINGTON By Steve Jensen,, and An insurer s bad faith can give rise to two related causes of action under Washington law: 1) a cause of action for bad faith sounding in tort, and 2) a cause
More informationCase 3:08-cv-00685-B Document 235 Filed 10/16/09 Page 1 of 9 PageID 12363 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF TEXAS DALLAS DIVISION
Case 3:08-cv-00685-B Document 235 Filed 10/16/09 Page 1 of 9 PageID 12363 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF TEXAS DALLAS DIVISION TRAMMELL CROW RESIDENTIAL COMPANY, Plaintiff, v. CIVIL
More informationTHE RIGHT TO INDEPENDENT COUNSEL
THE RIGHT TO INDEPENDENT COUNSEL Julie A. Shehane Cooper & Scully, P.C. 900 Jackson Street, Suite 100 Telephone: 214-712 712-9546 Telecopy: 214-712 712-9540 Email: Julie.Shehane@cooperscully.com 2015 This
More informationCase 4:10-cv-00019-CDL Document 13 Filed 05/12/10 Page 1 of 9 IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF GEORGIA COLUMBUS DIVISION
Case 4:10-cv-00019-CDL Document 13 Filed 05/12/10 Page 1 of 9 IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF GEORGIA COLUMBUS DIVISION ATS INTERMODAL, LLC, a corporation; GARLAND B. BEASLEY;
More informationCLASS ACTION. Westlaw Journal. Expert Analysis The State of Coverage Disputes Concerning Advertising And Privacy Claims
Westlaw Journal CLASS ACTION Litigation News and Analysis Legislation Regulation Expert Commentary VOLUME 19, ISSUE 8 / SEPTEMBER 2012 Expert Analysis The State of Coverage Disputes Concerning Advertising
More informationUNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT. Nos. 01-3935; 02-3663; 02-3902
UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT Nos. 01-3935; 02-3663; 02-3902 1 NOT PRECEDENTIAL BINTOU K. DIENG, as the Intended Third Party Beneficiary of the Policy of Insurance/Self-Insurance
More informationSTATE OF MICHIGAN COURT OF APPEALS
STATE OF MICHIGAN COURT OF APPEALS FEDERAL INSURANCE COMPANY, Plaintiff, UNPUBLISHED July 1, 2004 v No. 245390 Livingston Circuit Court ARMADA CORPORATION HOSKINS LC No. 01-018840-CK MANUFACTURING COMPANY,
More informationExhausting Policy Limits When Settling Less than All Lawsuits. \ Jl
Exhausting Policy Limits When Settling Less than All Lawsuits \ Jl - -- - -------------------------------~ A liability insurer's duty to defend its insured against covered lawsuits seeking damages is purely
More informationContinental Casualty Company v. Kemper Insurance Company, et al
HEADNOTE Continental Casualty Company v. Kemper Insurance Company, et al No. 2771/05 Argued: 11/3/06 Insurance contracts - exclusion of coverage to employee operating his own vehicle - not ambiguous -
More informationIN THE SUPERIOR COURT OF THE STATE OF DELAWARE IN AND FOR NEW CASTLE COUNTY
IN THE SUPERIOR COURT OF THE STATE OF DELAWARE IN AND FOR NEW CASTLE COUNTY MARTHA E. CONVERSE and ) DAVID CONVERSE, husband ) and wife, ) C.A. No. N11C-04-028 CLS ) Plaintiffs, ) ) v. ) ) STATE FARM MUTUAL
More informationThe Enforceability of Mediated Settlement Agreements. By: Thomas J. Smith The Law Offices of Thomas J. Smith San Antonio, Texas
The Enforceability of Mediated Settlement Agreements By: Thomas J. Smith The Law Offices of Thomas J. Smith San Antonio, Texas NIGHTMARE ON MEDIATION STREET You mediate a case where the Plaintiff is suing
More informationIN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA SECOND APPELLATE DISTRICT DIVISION EIGHT
Filed 10/11/13 CERTIFIED FOR PUBLICATION IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA SECOND APPELLATE DISTRICT DIVISION EIGHT ED AGUILAR, Plaintiff and Respondent, v. B238853 (Los Angeles County
More informationSTATE OF LOUISIANA COURT OF APPEAL, THIRD CIRCUIT 03-987 **********
STATE OF LOUISIANA COURT OF APPEAL, THIRD CIRCUIT 03-987 LAWANDA THEODILE VERSUS RPM PIZZA, INC. ********** APPEAL FROM THE OFFICE OF WORKERS' COMPENSATION - # 4 PARISH OF LAFAYETTE, NO. 03-02178 SHARON
More informationSUPREME COURT OF FLORIDA CASE NO. SC02-152 KEVIN M. STEELE, Petitioner, vs. SUSAN B. KINSEY and UNITED AUTOMOBILE INSURANCE COMPANY, Respondents.
SUPREME COURT OF FLORIDA CASE NO. SC02-152 KEVIN M. STEELE, Petitioner, vs. SUSAN B. KINSEY and UNITED AUTOMOBILE INSURANCE COMPANY, Respondents. On Review from the Second District Court of Appeal, Case
More informationTracy L. Wenzel and Hilary D. Wilson of Heekin, Malin & Wenzel, P.A., Jacksonville, for Appellant.
INDEMNITY INSURANCE CORP. OF DC., v. Appellant, IN THE DISTRICT COURT OF APPEAL FIRST DISTRICT, STATE OF FLORIDA NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED
More informationDISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FOURTH DISTRICT July Term 2011
MAY, C.J. DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FOURTH DISTRICT July Term 2011 STATE FARM FLORIDA INSURANCE COMPANY, Appellant, v. LOUIS SILBER and ILENE SILBER, Appellees. Nos. 4D10-1549 and
More informationFOR PROPERTY LOSS AND DAMAGE 1
13-20-801. Short title Colorado Revised Statutes Title 13; Article 20; Part 8: CONSTRUCTION DEFECT ACTIONS FOR PROPERTY LOSS AND DAMAGE 1 This part 8 shall be known and may be cited as the Construction
More informationIN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA
Thompson v. Hartford Accident and Indemnity Company et al Doc. 1 1 1 WO William U. Thompson, v. IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA Plaintiff, Property & Casualty Insurance
More informationIN THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT. No. 14-10913 Non-Argument Calendar. D.C. Docket No. 8:12-cv-01066-MSS-TBM.
Case: 14-10913 Date Filed: 12/15/2014 Page: 1 of 11 IN THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT No. 14-10913 Non-Argument Calendar D.C. Docket No. 8:12-cv-01066-MSS-TBM GEICO GENERAL
More informationKeyspan Gas E. Corp. v Munich Reins. Am., Inc. 2014 NY Slip Op 24306. Supreme Court, New York County. Scarpulla, J.
[*1] Keyspan Gas E. Corp. v Munich Reins. Am., Inc 2014 NY Slip Op 24306 Decided on October 14, 2014 Supreme Court, New York County Scarpulla, J. Published by New York State Law Reporting Bureau pursuant
More informationInsurance Industry Expert Testimony: Is It a Legal Conclusion or Custom and Practice?
Insurance Industry Expert Testimony Insurance Industry Expert Testimony: Is It a Legal Conclusion or Custom and Practice? Anthony J. Zarillo, Jr. I. Introduction As a general matter, whether expert witness
More informationNavigating the Dangers of Multiple Claimant-Burning Limit Policy Scenarios
INSURANCE LAW Avoiding the Flames By Jay Barry Harris and Hema P. Mehta Because defense-withinlimits provisions erode indemnification funds for judgments or settlements, it is important to understand their
More informationMut. Ins. Co., 565 S.W.2d 716, 726 (Mo. App. 1978). Nor is the carrier entitled to proceeds from any claim its insured may have against anyone else.
Settlement and Mediation of UM and UIM Claims Michael J. Mohlman Smith Coonrod Mohlman, LLC 7001 W. 79th Street Overland Park, KS 66204 Telephone: (913) 495-9965; Facsimile: (913) 894-1686 mike@smithcoonrod.com
More informationAnnuity Litigation - Class Certification and Summary of Insurance Loan
Annuity Marketplace ACLI 2011 Compliance and Legal Sections Annual Meeting Jason A. Walters jwalters@babc.com babc.com ALABAMA I DISTRICT OF COLUMBIA I MISSISSIPPI I NORTH CAROLINA I TENNESSEE Topics Class
More information4/28/2011. Personal Auto and Past Court Rulings: Florida. Florida Bad Faith Case Law
Personal Auto and Past Court Rulings: Florida Florida Bad Faith Case Law Todd Parnell 2 A number of seminal cases on FL Bad Faith that have shaped the issues insurer s must contend with today 4 primary
More informationPUBLISH UNITED STATES COURT OF APPEALS TENTH CIRCUIT. No. 12-1343 AMERICAN MODERN HOME INSURANCE COMPANY, an Ohio corporation,
PUBLISH UNITED STATES COURT OF APPEALS TENTH CIRCUIT FILED United States Court of Appeals Tenth Circuit February 6, 2014 Elisabeth A. Shumaker Clerk of Court CITY CENTER WEST, LP, a Colorado limited partnership,
More informationIN THE SUPREME COURT STATE OF FLORIDA TALLAHASSEE, FLORIDA RESPONDENT'S ANSWER BRIEF W+ CLINTON WALLACE, ESQUIRE. J^s . CLINTON WALLACE, P.A.
IN THE SUPREME COURT STATE OF FLORIDA TALLAHASSEE, FLORIDA NATIONWIDE m A L FIRE INSURANCE COMPANY, vs. Petitioner, ) CASE NO. 82,832 ) RICHARD D. POUNDERS, as Personal Representative of the Estate of
More informationNOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DETERMINED OF FLORIDA
NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DETERMINED IN THE DISTRICT COURT OF APPEAL OF FLORIDA SECOND DISTRICT LIBERTY MUTUAL FIRE INSURANCE ) COMPANY, ) ) Appellant, ) ) v.
More informationBAD FAITH LAW IN INDIANA
BAD FAITH LAW IN INDIANA CINCINNATI, OH COLUMBUS, OH DETROIT, MI FT. MITCHELL, KY ORLANDO, FL SARASOTA, FL www.smithrolfes.com 2012 I. OVERVIEW OF INDIANA BAD FAITH LAW Indiana recognizes a common-law
More informationUNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA ORLANDO DIVISION
Davies et al v. Attorney General of the United States et al Doc. 35 JEFF DAVIES and MANUELA DAVIES, Plaintiffs, UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA ORLANDO DIVISION -vs- Case No. 6:10-cv-1622-Orl-31GJK
More informationMark L. Kincaid, PARTNER
Mark L. Kincaid, PARTNER Practice Areas Include: Insurance Litigation Commercial and Business Litigation Financial Fraud Litigation Securities Litigation Fiduciary Litigation Professional Malpractice Litigation
More informationHenkel Corp v. Hartford Accident
2008 Decisions Opinions of the United States Court of Appeals for the Third Circuit 3-27-2008 Henkel Corp v. Hartford Accident Precedential or Non-Precedential: Non-Precedential Docket No. 06-4856 Follow
More informationConstruction Defect Action Reform Act
COLORADO REVISED STATUTES Title 13. Courts and Court Procedure Damages Regulation of Actions and Proceedings Article 20. Actions Part 8. Construction Defect Actions for Property Loss and Damage Construction
More informationS. JEFFREY MINKER, P.C.
S. JEFFREY MINKER, P.C. ATTORNEY/MEDIATOR/ARBITRATOR 860 West Ina Road Tucson, Arizona 85704-4405 (520) 797-7800 NAME: OFFICE ADDRESS: Jeffrey Minker Jeffrey Minker, LLC 860 West Ina Road Tucson, Arizona
More informationIN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA
IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA CAROL DEMIZIO AND ANTHONY : CIVIL ACTION DEMIZIO in their own right and as : ADMINISTRATORS OF THE ESTATE : NO. 05-409 OF MATTHEW
More information2015 IL App (1st) 140790-U. No. 1-14-0790 IN THE APPELLATE COURT OF ILLINOIS FIRST JUDICIAL DISTRICT
2015 IL App (1st 140790-U THIRD DIVISION March 25, 2015 No. 1-14-0790 NOTICE: This order was filed under Supreme Court Rule 23 and may not be cited as precedent by any party except in the limited circumstances
More information