Bad Faith Sentinel - March 2012

Bad Faith Sentinel - March 2012

The Fifth Circuit Concludes That An Adjudicated Excess Judgment Is Necessary To Sustain A Claim For Bad Faith Failure To Settle

Panel holds that without an adjudicated excess judgment a claim for bad faith failure to settle must be dismissed.

Eastern District of Pennsylvania Holds That Statutory Bad Faith Claims Are Not Assignable

The Eastern District of Pennsylvania determines that statutory bad faith claims are in the nature of a penalty and are therefore not assignable.

Seventh Circuit Holds that Duty to Defend is Not Postponed by Failure to Pay Deductible

Defense immediately owed notwithstanding deductible, as any other interpretation would nullify the defense clause in a policy.         


Court of Appeals of Georgia: Lien Satisfaction a Reasonable Term of Settlement and Can Insulate an Insurer from Bad Faith Refusal to Settle Claims

Insurer not liable for bad faith refusal to settle claims when the plaintiff refuses to assure satisfaction of medical liens.



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