Published: September 13, 2019

In answering two questions posed to it by the Ninth Circuit Court of Appeals, the California Supreme Court on August 29, 2019, addressed two significant issues: 1) whether California’s common law notice-prejudice rule is a fundamental public policy for the purpose of choice of law analysis; and 2) if so, whether the notice-prejudice rule applies to the consent provision of the insurance policy in the case before the court. Pitzer College v.

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Published: July 29, 2019

Columbia Casualty Company v. Ironshore Specialty Insurance Company, No. 15-197, 2019 WL 2176306 (D.R.I. May 20, 2019)

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Published: July 26, 2019

AmGUARD Insurance Company ("AmGUARD") was ordered to comply with a plaintiff’s request for production in a worker's compensation case for forty-one medical reports of other, unrelated patients drafted by the same doctor because the plaintiff alleged the doctor repeatedly issued opinions preferential to the insurer.

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Published: May 21, 2019

The United States Court of Appeals for the Seventh Circuit, in Surgery Ctr. at 900 N. Michigan Ave., LLC v. Am. Physicians Assurance Corp., Inc., No. 18-2622, 2019 WL 1855397 (7th Cir. Apr. 25, 2019), affirmed a lower court decision holding that American Physician Assurance Corporation, Inc. ("APA") did not act in bad faith by failing to settle a medical malpractice claim within its insured’s policy limit because APA’s belief that an adverse verdict was merely possible, as opposed to reasonably probable, did not trigger its duty to settle.   

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Published: April 9, 2019

On August 29, 2008, Ronald Jackson (Jackson) caused a multi-vehicle collision. He later died from his injuries. At the time of the collision, First Acceptance Insurance Company of Georgia Inc. (First Acceptance) insured Jackson under a policy with bodily injury liability limits of $25,000 per person/$50,000 per accident.

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Published: April 8, 2019

Plaintiff Annie Skinner (Skinner) allegedly suffered severe injuries and extensive property damage as a result of a February 10, 2014 automobile accident involving Andrew Poston (Poston) and another driver.

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Published: March 18, 2019

An insurer successfully defeated a plaintiff’s attempt to keep a bad faith action in state court by “manipulating” federal diversity jurisdiction by naming an individual claims adjuster as a defendant.

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