The Illinois Supreme Court ruled in Sproull v. State Farm Fire and Casualty Co., ___ N.E.3d ___, 2021 Ill. 126446, 2021 WL 126446 (Ill. 9/23/21) affirming 172 N.E.3d 1186 (Ill. App. 5th Dist. 7/24/20), as an issue of first impression that homeowner insurance companies...
Month: March 2022
NOTICE DOESN’T MATTER; YOU’RE STILL IN BAD FAITH
The Georgia Supreme Court recently permitted a bad faith failure to settle lawsuit to proceed against the insured even when the insurer had not received notice of the underlying personal injury lawsuit. In Geico Indemnity Co. v. Whiteside, 857 S.E.2d 654 (Ga. 2021),...
BEING DISSATISFIED WITH INSURER-APPOINTED DEFENSE COUNSEL DOES NOT CREATE A CONFLICT OF INTEREST PERMITTING INDEPENDENT COUNSEL
In Nede Management, Inc. v. Aspen American Insurance Co., 68 Cal. App. 5th 1121 (2021), the Court ruled that just because an insured disagreed with the insurer-appointed defense counsel’s handling of its defense, or where the Complaint sought compensatory and punitive...
MUTUAL MISTAKE IS NOT EXCUSE FOR BAD FAITH
Recently, the Kentucky Supreme Court allowed a bad faith lawsuit to proceed forward for alleged delays in resolving a UIM claim, notwithstanding the assertion of mutual mistake regarding the policy. The Kentucky Supreme Court in Nicholas v. Zurich American Insurance...
OREGON SUPREME COURT ALLOWS COMBINING UM/UIM COVERAGE LIMITS
In Batten v. State Farm Mutual Auto Insurance Co., 368 Ore. 538, 495 P.3d 1222, 2021 WL 4236688 (Ore. 2021) the Oregon Supreme Court struck down an insurance provision that effectively limited the insurer’s liability for UM/UIM coverage to the highest amount of...