Whenever successive insurers provide concurrent coverage for the same risk, there arises an issue of allocation of the risk between the successive insurers. In light of the impracticality or impossibility of trying to determine how much of the damage took place...
Month: January 2021
AGGRESSIVELY DEFENDING AGAINST AN INSURED’S CLAIM DOES NOT CONSTITUTE BAD FAITH
In Lock v. American Family Insurance Co., 460 P.3d 683 (Wash. App. Div. 1 2020) the Washington court found defending against the insured’s bad faith lawsuit was not a claim denial, nor was it bad faith. The underlying case involved UIM and PIP claims under American...
MARYLAND COURT FINDS THAT THE STATUTE OF LIMITATIONS FOR BRINGING A UIM CLAIM BEGINS TO RUN FROM WHEN THE INSURER DENIES THE CLAIM
In Nationwide Mutual Insurance Co. v. Shilling, 2020 WL 1910499 (Md. 4/20/20), the Maryland Court of Appeals affirmed the intermediate appellate court finding that the statute of limitations began to run on UIM claims when the insurance company denied an insured’s...
NO RELEASE?
Upon a certified question, the Montana Supreme Court recently found that when liability for an automobile accident is reasonably clear and it is also reasonably clear that the amount of the loss exceeded the available policy limits, that the insurance company could...
