Month: December 2016

The Wyoming Supreme Court Recently Adopted The Notice-Prejudice Rule In A Historic Jurisprudential Review Of Why The Notice-Prejudice Rule Is A Better Approach Than The Traditional Rule Which Does Not Require Prejudice

The Wyoming Supreme Court in Century Surety Co. v. Jim Hipner, LLC, 2016 WY 81, 377 P.3d 784 (2016), engaged in a jurisprudential review of the enforceability of non-prejudicial notice requirements in insurance policies and why courts have moved away from the...

The 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

In RSUI Indemnity Co. v. Discovery P&C Ins. Co., 649 Fed.Appx. 534 (9th Cir. 2016), the primary insurer unreasonably had refused to pay a settlement demand within policy limits. In order to achieve a settlement, the excess insurer paid a portion of the settlement...

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