Under Minn. Stat. §604.18, insureds are entitled to recover taxable costs when an insurance company unreasonably denies insurance benefits. The statute provides a remedy of one-half of the “proceeds awarded” that are in excess of an amount offered by the insurer or...
Insurance Law
MASSACHUSETTS BAD FAITH STATUTE DOES NOT INCLUDE PRE-JUDGMENT INTEREST IN THE MULTIPLIER
The Massachusetts Supreme Judicial Court held in Anderson v. National Union Fire Insurance Co. Pittsburgh, PA 476 Mass. 377, 67 N.E. 3d 1232 (2017) that post-judgment interest on a judgment against a driver and owner were not part of the damages to be trebled under...
FAILURE TO KEEP IME DOCTOR UPDATED ON PLAINTIFF’S CONDITION CAN FORECLOSE APPLICATION OF GENUINE DISPUTE DOCTRINE FOR MSJ PURPOSES
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...
IN ILLINOIS DISPARAGEMENT IS NOT “PATENT PENDING”
Some insurance policies do not specifically define the term “disparagement” in the policy. When the term “disparagement” is not defined, the courts will come up with a workable definition. As an example, in Lexmark International, Inc. v. Transportation Insurance...
THE FIRST CIRCUIT FINDS THAT THE FILING OF A COUNTERCLAIM DID NOT CREATE A CONFLICT OF INTEREST FOR THE DEFENSE ATTORNEY HIRED BY THE INSURANCE COMPANY
In Mt. Vernon Fire Ins. Co. v. Vision Aid, Inc., 875 F.3d 716 (1st Cir. 2017) (interpreting Massachusetts law), the First Circuit Court of Appeals found that the mere filing of a counterclaim did not create a conflict of interest for defense counsel. In this case, the...
UNDER MISSOURI LAW, SHODDY WORKMANSHIP DOES NOT CONSTITUTE AN “OCCURRENCE” FOR PURPOSES OF INSURANCE COVERAGE
In American Family Insurance Co. v. Mid-American Grain Distributors, LLC, 958 F.3d 748 (8th Cir. 2020) (interpreting Missouri law) held that shoddy workmanship was not an occurrence. Focusing on the term “accident,” the 8th Circuit noted that Missouri courts gave the...
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...
10th CIRCUIT FINDS THAT THE INSURANCE COMPANY IS NOT VICARIOUSLY LIABLE FOR THE NEGLIGENCE OF HIRED DEFENSE COUNSEL
In Progressive Northwestern Ins. Co. v. Gant, 957 F.3d 1144 (10th Cir. 2020) (interpreting Kansas law), the 10th Circuit Court of Appeals acknowledged that liability insurance companies had a duty to exercise reasonable care in the hiring of competent defense counsel...
INSURER NOT OBLIGATED TO INVESTIGATE THE AVAILABILITY OF INSURANCE COVERAGE TO SETTLE A CLAIM
In Progressive Northwestern Ins. Co. v. Gant, 957 F.3d 1144 (10th Cir. 2020) (interpreting Kansas law), the 10th Circuit held that a liability insurance company is not obligated to investigate the availability of other insurance to fund a settlement for excess...
