Month: August 2017

AN INSURANCE COMPANY CAN AFFIRMATIVELY CREATE A NEW AND INDEPENDENT TORT TO A CLAIMANT AS A RESULT OF THE INSURER’S CLAIM HANDLING ACTIVITIES SAYS THE ALASKA SUPREME COURT

In Burnett v. GEICO, 389 P.3d 27 (2017) the Alaska Supreme Court, as a matter of first impression, held that a liability insurer can owe a tort duty to a third-party claimant when the insurer's claims handling actions affirmatively create a new and independent duty to...

OREGON SUPREME COURT RULES THAT UNDER ORS §742.061 AN INSURER’S VOLUNTARY PAYMENTS TO THE INSURED AFTER THE INSURED FILED SUIT AND THE APPRAISERS ISSUED AN AWARD WHICH ALSO WAS PAID WAS A “RECOVERY” ENTITLING THE INSURED TO AN AWARD OF ATTORNEYS’ FEES

Under ORS §742.061 insurance companies are required to pay their insured's attorneys fees if, in the insured's lawsuit against the insurer, the insured obtains a "recovery" that exceeds the amount of any tender made by the insured within six months from the date that...

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