Blog Post
09/13/2019
By Laurie A. Kamaiko and Christie R. McGuinness

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.

Blog Post
07/29/2019
By Samuel E. Bordoni-Cowley

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

Blog Post
07/26/2019
By Samuel E. Bordoni-Cowley

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.

Blog Post
05/21/2019
By Samuel E. Bordoni-Cowley

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.   

Blog Post
04/09/2019
By Tricia M. Kazinetz

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.

Blog Post
04/08/2019
By Tricia M. Kazinetz

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.

Blog Post
03/18/2019
By Matthew M. Haar

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.

Blog Post
02/15/2019
By Patrick F. Nugent

Richard McDonough suffered serious injuries to his neck and spine as a result of an automobile accident.  The insurer of the driver who caused the accident settled with McDonough for the driver’s full policy amount of $100,000.  However, this sum was allegedly insufficient to compensate McDonough for his losses.  McDonough then sought to collect underinsured benefits through his insurer, State Farm, up to the coverage limits of $300,000.  State Farm counter-offered with a lower amount and declined to pay McDonough the full amount of the $300,000 limit.  McDonough fi

Blog Post
02/13/2019
By Patrick F. Nugent

Propitious, LLC owns a two-story building and leased the first floor of the property to Connacht, LLC, which used the space to operate a restaurant and sports bar.  Propitious insured the property under a policy issued by Badger Mutual Insurance Company; Connacht insured the restaurant and sports bar under a policy with Society Insurance.  In December of 2016, there was an incident in which multiple water pipes burst on the second floor and caused damage to the property and Connacht’s restaurant and sports bar on the first floor.  Following an investigation of the damage by e

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