California courts have adopted the Genuine Dispute Doctrine. Chateau Chamberay Homeowners Assn v. Associated Internat. Ins. Co., (2001) 90 Cal. App. 4th 335, 347, 108 Cal. Rptr. 2d 776 ("[A]n insurer denying or delaying the payment of policy benefits due to the...
Month: February 2018
Good Samaritan Who Exits Vehicle To Assist Injured Person Still Occupies The Insured Vehicle For Um Purposes
The Rhode Island Supreme Court in Hudson v. GEICO Insurance Agency, Inc., 161 A.3d 1150 (R.I. 2017) recently held, as a matter of first impression, that a passenger riding in an insured vehicle who exited the vehicle in order to render assistance to accident victims...
Rhode Island Supreme Court Enforces Suit Limitation Provision in Policy
In the past, Rhode Island courts have upheld insurance policy provisions that require insureds to commence legal action against the insurance company within a time period that is less than the legislatively-enacted statute of limitations. See, e.g., National...
Minnesota Supreme Court Rules that Statutory Attorney’s Fees are Capped by the Policy Limit
The question of whether attorney's fees awarded under Minnesota's insurance unreasonable denial statute could exceed the policy limits of the policy was recently addressed by the Minnesota Supreme Court in Wilbur v. State Farm Mutual Automobile Insurance Co., 892 NW2d...